What is Khula | Information in details
What is Khula
Khula (annulment of marriage) is in fact divorce on demand for separation by the wife by offering some money or foregoing her monetary rights. For Khula, the consent and agreement of both the husband and the wife is necessary. If the wife wants a Khula, she can offer money to the husband and demand it from the husband, but there is no Khula without the husband's consent. Taking Khula without the knowledge of the husband has no meaning in it. Thus, a wife cannot go the Qazi and take Khula without the husband's knowledge. As given in Tabyeen Ul Haqaaiq, Babul Khula, Vol. 3, Pg. No. 189.
When the husband consents to give the Khula, then it is affected. In this case, a Talaaq-e-Baain (an irrevocable divorce) is carried out between the wife and husband, as given in Fatawa A'alamgiri, Vol. 1, Pg. No. 488.
If they want to reunite out of their own free will, then within Iddah (the mandatory waiting period) or after it, they can remarry with a new Mehr (alimony) before 2 witnesses. As Khula is like an irrevocable divorce, there is no need for Halala after it.
Saying: I have given you Khula:
If the husband tells the wife: I have given you Khula, then the intention of the husband comes into consideration here. If the husband had said this with the intention of divorce, then a Talaaq Bain (Irrevocable divorce) is affected regardless of whether the wife accepts it (the Khula) or not. Also, the Mehr (alimony) of the wife will have to be paid by the husband, as these words are among the suggestive words used for Talaq (Alfaz Kinaya in Urdu), in whose case if the intention is of Talaq, then a Talaq Bain is affected. However, if the husband has used these words without the intention of Talaq, then there is no divorce affected.
Thus, if in the given situation, the husband had said the words with the intention of Talaq, then a Talaq Bain is affected and the Mehr will have to be paid by the husband to the wife. If the intention was not of Talaq, then there is no Talaq. As given in Bahr Ur Raiq, Kitab Ut Talaq, Babul Khula
Khula before starting to live with the husband:
For the girl who has been married and has not yet started living with her husband, the marriage has not been consummated. In this case if the girl demands a Khula and the husband assents to it, then as per the Shariah, there is no Iddah (mandatory waiting period) for the girl and she can marry again immediately after the Khula as well. As Allah Ta’ala says in the Holy Quran:
O Believers! When you marry the believing women and then divorce them before you have touched them (i.e. had sexual intercourse with them), then no waiting period is (obligatory) on them for you which you may start counting. Surah Ahzaab (33:49). It is also stated in Fatawa A’alamgiri, Vol. 1, Kitab Ut Talaq.
Remarrying the same person after Khula:
Khula (annulment of marriage) is like Talaaq-e-Baain (irrevocable divorce). Thus, after Khula, the marriage between the husband and the wife ends. If they want to remarry, then with a new Mehr (alimony) and in the presence of 2 witnesses, they can do so. This can be done within the Iddah (waiting period) or after it. As given in Bahr Ur Raaiq, Babul Khula.
Re-marriage before acceptance of Khula:
Khula (annulment of marriage) is nothing but a demand for divorce from the lady and as long the husband does not accept it either in words or writing, it is not affected. After the Khula, she can marry someone after the Iddah (mandatory waiting period).
Thus, the Nikah (marriage) performed without waiting for the acceptance of the husband is not a marriage at all, but a great sin and adultery. As given in Mausoo’a Fiqhiya, which was published from Kuwait. Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri, Professor, Islamic Law, Jamia Nizamia