Divorce By Khuluk For Women
Appeals for khuluk divorce by women are rare in Singapore. This article will explains and go through the meaning of divorce by khuluk or khulu’ (both spellings accepted). Khuluk divorce means a request to stop or dissolve a marriage requested or made by a wife.
Why Divorce By Khuluk Is Allowed
Islam takes a realistic view of our day to day affairs for generations to come and attaches importance of happiness of both the spouses in marriage.
Every attempt should be made to preserve a marriage, but once it is established that marriage has broken down, Islam allows the parties to separate from each other respectfully.
The decision to end a marriage should never be made lightly, regardless of the challenges you and your partner may be facing.
Decision to divorce should be considered with a very cool head and calmly. Especially so when there are children involved. Couples are advised to take some time to think it over and make sure it is the right course of action.
If you’re considering divorce, you are taking steps to make a foundational change in your life. You may be feeling sadness, frightened, anxious, angry or even hopeful.
For some couples, no amount of marriage counselling is enough to avoid a divorce. It’s a tough process emotionally and for some, financially.
The failure of marriage can be due to many reasons such as certain defects or faults in one or both spouses which gives the right to apply for divorce by Khuluk, Fasakh or Ta’liq to the wife and Talak to the husband.
When the wife’s conduct is undesirable such as nusyuz (marital discord or obedience) to her husband, the husband is permitted to divorce her.
When the husband becomes a transgressor, incapable of maintaining the wife or he ill-treats the wife, Islam also grants women the right to dissolve the marriage by fasakh.
Here’s an article on divorce by fasakh and how it is legally allowed in Islam, granted for the wives.
What is Divorce by Khuluk?
Definition: Khuluk is a divorce initiated or request by a wife to dissolve a marriage. It must be consented to and pronounced by the husband.
By mutual agreement the wife provides monetary compensation to the husband with an amount more or less equivalent to the amount of Mahr (dowry) her husband paid at the time when they got married.
It also means that the wife can return properties which was the mahr during the time of their nikah.
Such divorce is irrevocable and matrimonial relationship between both parties cannot be resumed except by entering into a new marriage contract (akad nikah) and paying a new dowry by the husband.
In exchange for agreement to a khuluk divorce, the husband is free from further payments to the wife. This is a separate issue (payment) altogether when it comes to payment for maintenance for their children.
Appeals for khuluk divorce by women are rare. What you may not know is that; this ruling emphasizes on the welfare of the women folk. Why is that?
It is a form of respecting women and their views or opinions. Women are allowed in accordance to Islamic rulings that they can request to dissolve a marriage respectfully.
By doing so, this can prevent a wife from being ‘trapped’ in a marriage that she doesn’t want or with a husband she doesn’t like.
In modern times, thanks to social media, it is common to see or hear wives behaving disrespectfully or being unfaithful towards their husband.
It is also to put balance in favour of women, who are victims of their husband’s ego when the latter abuses his rights as a man. A husband can also be seen as holding hostage to his wife if he refuses to ‘release’ her.
When Is It Haram For Husband To Accept Payment?
In khuluk or khulu’ (both spellings are accepted), the payment is the essence. As explained in a narrated hadith, the basis for the payment is the return of the dowry or mahr.
The hadith is remarkable as it puts a stop to any unlawful dealings with regards to the payment by forcing a wife to pay more than necessary to effect khuluk.
It is morally abominable for the husband to receive more than the amount of mahr paid to his wife.
An example to the above is when the mahr (dowry) was valued at $500 during the time of marriage. This can be in cash of in gifts such as jewelries.
After 5 years down the road, due to inflation or even the cost of living, the husband demands $1000 instead. In this example, it is haram for the husband to receive more than the amount of mahr he gave to the said wife.
It is also haram if the husband ill-treats the wife almost daily with the aim of getting the payment of khuluk from her.
In any event, if your husband refuses to pronounce talaq, you may proceed to obtain the divorce by way of taklik (breach of condition), fasakh and or by way of hakam.
Engaging a lawyer is not compulsory but it is definitely helpful especially when there is a lot at stake.
As lawyers, our professional duty is to represent our clients through their divorce proceedings. We will not advise you on whether or not is it better for you to divorce. That is a decision that you will have to make on your own accord.
If you have not made up your mind or wish to save your marriage, please proceed to a counsellor or Ustaz who will be able to advise you better.
We are here to assist those whom wish to divorce or are in the midst of divorce or PPO proceedings.
Do contact us if you have any questions.