Khuluk in Islam, When a Wife Requests Divorce with Compensation

Dear Muslim friends around the world, greetings from The Islam Corner. Today, let's delve into the concept of Khuluk in Islam, which refers to the situation when a wife requests a divorce with compensation. In Islamic teachings, Khuluk grants women the right to initiate divorce if they find themselves in difficult circumstances or are unable to fulfill their husband's rights. It is a legal practice mentioned in the Quran, where both parties, the husband and wife, come to an agreement regarding the compensation or redemption amount. This shows the importance of mutual consent and willingness in such matters. Remember, Khuluk is a permissible option in Islam, but it should be exercised responsibly and in accordance with the teachings of the faith. May we all seek wisdom and understanding in matters of family and relationships.

"Khuluk" in Islam, When a Wife Requests Divorce with Compensation

Islam is a religion of mercy for all beings that grants the right to voice to all parties. In the pre-Islamic era of ignorance (jahiliyyah), women had no right to speak, even within the realm of the domestic family. However, with the advent of Islamic law, women were granted the right to speak. One of the authorities given to women to express their voice in the context of marriage is the right to initiate "khuluk" or what we commonly refer to as "divorce with compensation."

Khuluk has legal legitimacy in the Quran, as mentioned in Surah al-Baqarah, verse 229:

فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ

"Then if you fear that they will not be able to keep within the limits of Allah's law, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers." (Quran 2:229)

Definitively, according to Islamic law (sharia), khuluk refers to the wife's request for divorce, as expressed by Mustafa al-Khin and Mustafa al-Bugha in al-Fiqh al-Manhaji 'ala Madzhab al-Imam al-Syâfi'i (Surabaya: Al-Fithrah, 2000), vol. IV, p. 127:

الخلع: وهو الطلاق الذي يقع برغبة من الزوجة وإصرار منها على ذلك، وقد شرع لذلك سبيل الخلع، وهو أن تفتدي نفسها من زوجها بشئ يتفقان عليه من مهرها تعطيه إياه

It means: "Khuluk is a divorce that is initiated by the desire and insistence of the wife, and it is sanctioned by means of khuluk, wherein the wife agrees to pay a mutually agreed-upon amount between herself and her husband, based on the dowry that was given."

From the explanation, we can understand that khuluk is permissible in Islamic law (sharia) if it fulfills certain conditions. Additionally, in khuluk, there must be an agreement between both parties, the husband and the wife, regarding the redemption amount. This agreement also indicates that in the contract of khuluk, there must be willingness from the husband to accept the compensation and the ability of the wife to pay it. However, it should be noted that the redemption amount should not exceed the amount of the dowry given at the time of marriage. As mentioned earlier, the default ruling regarding khuluk is that it is permissible if it meets the requirements. Some of these requirements have been mentioned by Imam Abu Ishak Ibrahim bin Ali bin Yusuf al-Fairuzzabadi al-Syairazi in al-Muhadzdzab fi Fiqh al-Imam al-Syafi'i (Damascus: Dar al-Qalam, 1992), vol. II, p. 489.

إذا كرهت المرأة زوجها لقبح منظر أو سوء عشرة وخافت أن لا تؤدي حقه جاز أن تخالعه على عوض

It means: "If a woman dislikes her husband due to his unattractive appearance or his ill treatment, while fearing that she will not be able to fulfill her husband's rights, then it is permissible for her to seek khuluk by paying compensation or redemption."

In addition to the factors mentioned above, there are other motives for khuluk that can change its ruling. For example, if the husband neglects the laws of Allah, such as abandoning prayer or other acts, then khuluk becomes obligatory. On the other hand, if there is no underlying motive or valid reason, then khuluk is prohibited. There is no option for reconciliation (rujuk) in khuluk, which differentiates it from regular divorce (talak). Another difference is that while talak is forbidden to be pronounced during the wife's menstrual period (haid), khuluk can still be validly initiated regardless of whether the wife is in a state of purity or menstruation. Wallahu a’lam bi-shawab (And Allah knows best).