Quranic Justification for Khula
By S.
Arshad, New Age Islam
10
September 2020
In Islam,
marriage is a social contract between an adult man and woman which is also
legally binding. While it is true that the Quran accords to the husband
guardian status of the family as the sustainer and protector of the family, the
wife has been granted equal status in terms of treatment and rights. Her
marriage cannot be solemnised without her consent because a contract, social or
legal cannot be completed without the consent of both the parties. In the same
way, in the case of separation as well, the wife has been granted the same
equality.
There are
two ways of separation or annulment of marriage in Islam. One is Talaq and the
other is Khula. While Talaq is administered at the initiation of the husband,
Khula is separation at the initiative of the wife. The Verse 229 of Surah Al
Baqarah gives a hint at the right of the wife to take Khula.
Also
Read: Gender
Equality in Islam
"Divorce
is twice. Then either keep in an acceptable manner or release with good
treatment. And it is not lawful for you to take anything of what you have given
them unless both fear that they will not be able to keep the limits of Allah.
But if you fear that they will not keep the limits of Allah, then there is no
blame upon either of them concerning that by which she ransoms herself."
Here
"ransoms herself" means that the wife can come out of the marriage by
paying a price.
There is
also a Hadiths which justifies Khula.
Ibn Abbas
narrated that the wife of Thabit Ibn Qais (r.a.) came to the Prophet Pbuh and
said, "Regarding Thabit (r.a.) I do not fault his character nor his Deen
but I fear being ungrateful in Islam. I want to return his garden to him (in
exchange for talaq)
The Prophet
asked, "Do you really want to do this?"
She
replied, "Yes".
The Prophet
Pbuh then said to her husband, “She wants to return your garden to you (in
exchange for talaq)"
The husband
asked, "Do I have the right to accept it?"
The Prophet
replied, “Yes".
The husband
said, "Then I accept the garden (in exchange for talaq)”. (Musannaf Abdul
Razzaq Vol V p 391)
However,
there is another verse justifying Khula which is generally ignored while
discussing Khula. The verse is very clear and establishes the wife's right to
Khula. The verse says:
"If
a woman fears Ill treatment from her husband or desertion, it is no sin for
them twain if they make terms of peace between themselves. (Al Nisa:128)
"Terms
of peace" (Sulh) can be taken as the agreement of Khula where the wife
will forego her Mehr in exchange for talaq in the same way as the wife of
Thabit r.a. made agreement of peace by returning the garden to him in exchange
for talaq.
The verse
also sets the precondition for seeking Khula by the wife. The husband subjects
her to mental or physical torture and she fears for life or physical harm
and/or does not take care of her. In these circumstances she can initiate
proceedings for Khula.
If we look
at the succeeding verses, the context will become clearer.
"You
will not be able to deal equally between wives however much you wish, but turn
not altogether away (from one) leaving her as in suspension. But if they
separate, Allah will compensate each out of His abundance."(Al Nisa:129-30)
These
verses make it clear that if a husband does not treat his wives equally and
shows aversion towards one of them, the wife can seek Khula and in doing so she
will not be considered a sinner. And the husband should free her in good
manner.
Therefore,
the Quran grants the woman the right to seek Khula to come out of a painful
marriage and make better decisions for her future.
URL: https://newageislam.com/islam-women-feminism/quranic-justification-khula/d/122828
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