Muslim Divorce FAQs

Khulʿ is a process through which a woman can initiate divorce under Islamic law. It occurs when the wife asks to end the marriage and the husband agrees, usually in return for her repaying the mahr or part of it, though the husband can choose not to have it repaid at all.

A khulʿ divorce is counted as one Talaq al-baa’in or irrevocable divorce, meaning the couple could only reconcile by entering into a new Nikah marriage contract with a new mahr agreement, if it was not their third divorce. After agreeing to the khul, the wife is required to complete her ‘iddah waiting period.

The right of a woman to seek divorce through khulʿ is well established in Islamic tradition. One well-known narration describes a companion of the Prophet (SAW) named Jamilah (RA), who was married to Thabit ibn Qays. She approached the Prophet (SAW) and explained:

“O Messenger of Allah, I do not fault Thabit in his character or his religion, but as a Muslim, I dislike behaving in a way that goes against Islam if I remain with him.”

The Prophet (SAW) asked her if she would be willing to return the garden that Thabit had given her as mahr. She agreed. The Prophet (SAW) then instructed Thabit:

“Accept your garden and divorce her once.”

(Ṣaḥīḥ al-Bukhārī, Volume 7, Book 63, Hadith 197)

This hadith demonstrates both the legitimacy of khulʿ and the recognition of a woman’s right to seek divorce if she feels the marriage cannot continue, even without fault on the part of her husband.

A Khul’ is a no-fault divorce. A woman can ask for a Khul’ because she is not happy in the marriage and is not trying to apportion blame on any party.

Some Shariah Councils insist that a woman initiating divorce must use the Khul’ method, however, this is not appropriate where there has been harm, neglect or other serious issues. Faskh should be explored in such circumstances so that the consent of the husband is not required and the mahr is not repayable.

A khul’ is an offer and acceptance between husband and wife where the wife offers to pay back her mahr, or an agreed portion of it, to be released from the marriage contract. A Shariah council or other similar body does not have to be involved in this, however, it is highly advisable that the woman obtains some form of certificate or paperwork to confirm the divorce as she will require this if she chooses to remarry.

The wife and husband should come to an agreement on repayment of the mahr. The husband can request the full amount or part of it, where the mahr has already been paid. He cannot ask for more than the value of the mahr under any circumstances. Many men forgo the right of return of the mahr. For those who don’t want to, they can agree to the Khul’ and the wife may need to remain indebted until she is able to repay the amount agreed.

In principle, a khulʿ is intended to be a mutual agreement: the wife requests a divorce and the husband consents, usually in exchange for the return of the mahr. This is the classical model described in the hadith of Jamilah (RA) and Thabit ibn Qays.

However, scholars also recognise that situations arise where a husband may refuse to give consent. If there is clear evidence of marital breakdown, harm, or an inability for the marriage to continue in a healthy way, Shariah Councils or similar bodies can facilitate a Faskh dissolution, ensuring that women are not left trapped in a marriage against their will.

Faskh is the dissolution or annulment of the Nikah. Unlike Talaq or Khul’, which depend on the husband’s pronouncement or consent, faskh is granted by an Islamic legal authority – such as a judge, or in the English and Welsh context, a Shariah Council or similar body.

A woman may seek faskh if her husband refuses to grant her a khulʿ and there are valid grounds for the marriage to end.

These grounds can include:

Harm or abuse – physical, emotional, or psychological harm that makes cohabitation unsafe or intolerable.

Failure to provide support – neglect of financial maintenance or basic marital responsibilities.

Serious misconduct – such as addiction, criminal activity, or behaviour that undermines the marriage.

Absence or desertion – when the husband disappears for a prolonged period without contact or support.

Impotence or inability to fulfil marital obligations – if this prevents a healthy marital relationship.

Irreconcilable breakdown – when the marriage is no longer sustainable despite attempts at reconciliation.

In such cases, the Shariah Council or similar body should carefully examine the situation, and if the husband is found to be at fault, or the marriage cannot continue in a just and healthy way, it should issue a dissolution.

A Faskh is considered as one ṭalaq al-baa’in or irrevocable divorce, which means that if the couple later wished to reconcile, they would need to enter into a new Nikah marriage contract with a new mahr.

The wife does not need to repay any part of the mahr that was given to her and if any of it is still due to be paid to her, it must still be paid.

Although Faskh is a valid and recognised form of divorce, some Shariah Councils and other similar bodies are reluctant to use this method, preferring the Khul’ for divorce initiated by women. This often means that in cases that are not ‘no fault’, a Khul divorce is wrongly pursued.

Where there is fault and harm being committed against the wife, the Faskh divorce is the correct method of ending the marriage.

A Faskh divorce counts as one Talaq Al-Baa’in or irrevocable divorce. The woman would be required to complete her ‘iddah.

To reconcile, the couple would need to have a new Nikah marriage contract and mahr if this is not their third irrevocable divorce.