KHUL

U’
 Definition

 Literally khulu’ is to pull out, to

remove, to slip, to slide off
 Technical sense it refers to a
method of divorce in which the
wife seeks release from marriage
from her husband using the word
khulu’
‫‪ ‬هُ َّن لِبَاسٌ لَّ ُك ْم َوأَنتُ ْم لِبَاسٌ لَّه ُّن‬
‫‪Al Baqarah: 187‬‬
 The Purpose of Khulu’
 To release the parties from certain
hardship if the marriage is subsisting
like if the couple is no longer happy with
the marriage due to certain problems
which can only be dissolved through
divorce or there is misunderstanding
between the husband and the wife
 Authorities

 Al-Baqarah : 229
 An-Nisa’ : 4
 Hadiths of the Prophet
 Ijma’
 Khulu’ during the time of the
Prophet

Ibn Abbas narrated: The wife of Thabit bin Qais,

Jamilah bt Ubay b Salul came to the Messenger of
Allah and said:
“O Messenger of Allah, I do not blame Thabit for any
defects in his character or his religion but I dislike
to behave in an unIslamic manner.” On that Allah’s
Messenger said to her: Will you give back the
garden which your husband has given you? She
said: yes. Then the Prophet turned to Thabit: O
Thabit! Accept the garden and divorce her.
Sahih al-Bukhari, Vol. VII, Hadith 179
 Some of Principles on khulu’

1.
2.
3.
4.
5.
 Rukn of khulu’

1. Husband
2. Wife
3. Payment
4. Sighah
 \
Payment of khulu’

 Anything that is lawful

 Things can be immovable property like
cash, jewel, car,etc
 The amount of payment for khulu’ not
been specified under the shari’ah
 Not be more than the payment of mahr
The Hanafis & the Hanbalis:
 Whether payment has to be mentioned

i. The Hanafis and the Hanbalis

ii. Some Hanafis

iii. The Shafiis

Statutory Provisions

• Section 49 IFLA 1984

 Cases

 Balqis Fatimah v Najm ul Ikram

Qureshi
 Kurshid Bibi v Mohamad Amin
 Rokiah v Abu Bakar
 Che Pah v Siti Rahmah
 Talib v Che Sepiah
 Nerah v Ahmad