Recently, UAE Princess Sheikh Mahira’s Instagram post, “I divorce you… I divorce you… I divorce you,” has created a stir on social media. Her marriage had not yet completed two years, but due to mutual differences, it reached the point of divorce. This post has sparked a new debate on whether Muslim women can also give Teen Talaq. Can women in Islam separate from their husbands at their own will?
According to experts in Islamic law, Muslim women can divorce their husbands, but the method differs from that of men. When divorce is initiated by the woman, it is called ‘Khula.’ This practice is prevalent worldwide. In Saudi Arabia, where Islam originated, cases of Khula have been rising rapidly, with 2,033 cases reported in cities like Riyadh, Mecca, and Medina in 2014.
Khula in India
In India, Muslim women are also exercising their right to Khula. The All India Muslim Personal Law Board has opened around 100 Darul Qazas across the country in recent years, where cases of divorce and Khula are heard and advice is given according to Islamic law. According to Maulana Khalid Rashid Firangi Mahali, head of Darul Qaza Firangi Mahal in Lucknow, 30 to 40 percent of cases brought to the Darul Qaza are for Khula.
Celebrities and Khula
Celebrities are also not behind in using their right to Khula for divorce. Pakistani celebrity Veena Malik obtained Khula from her husband Asad Khattak in January 2017. In January of the same year, Sania Mirza’s father, Imran Mirza, announced that his daughter had taken Khula from Shoaib Malik.
What is Khula?
Khula means to “remove.” It signifies that a husband and wife are like clothes for each other, covering and protecting one another’s privacy. When they seek Khula, they “remove” this garment. According to Islamic law, the term ‘Khula’ is used for the wife’s proposal of divorce and the husband’s acceptance of it.
When proposing Khula, the wife may offer to give some property or cash to the husband, return the property received from him, or return the full or half amount of the Mehr. If the husband accepts this and says, “I have given you Khula after much consideration,” it is equivalent to taking an oath.
Is Khula mentioned in the Quran?
In Surah Al-Baqarah, verse 229 of the Quran, it is stated that if a woman feels she cannot live with her husband, she has the right to return her Mehr and seek a divorce from him.
Return of Mehr in Khula
Regarding the return of Mehr in Khula, Kamal Farooqui, a former member of the All India Muslim Personal Law Board, says that marriage in Islam is a contract, and Mehr is an essential part of this contract. When a man gives the amount of Mehr to a woman at the time of marriage, it is called Moajjal, and if promised to be given later, it is called Ghair Moajjal.
Key Points About Khula
If the wife has sought Khula and wants to prevent the husband from taking an oath, she has the right to do so. If the judge finds that the husband has mistreated the woman, the amount of Mehr cannot be taken from the husband in return during Khula.
It is true that divorce can occur in this manner, but it is referred to as a judge’s decision rather than Khula. A significant question arises if the husband is not willing to give Khula: What happens then? According to Islamic law, if a woman does not want to live with her husband, the judge should order a clear divorce.
Maintenance
In cases of Khula and Mubarat, the husband must still provide maintenance after the divorce. During the Iddat period (three months), the responsibility of maintenance lies with the husband.
According to Islamic law, Khula is possible only with the mutual consent of both the husband and wife.
