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Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq ( repudiation (marriage) ), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [ 1 ]
The word Mahr is related to the Hebrew word “Mohar” and the Syriac word "Mahrā", meaning “bridal gift”, which originally meant “purchase-money”. The word implies a gift given voluntarily and not as a result of a contract, but in Muslim religious law it was declared a gift which the bridegroom has to give the bride when the contract of marriage is made and which becomes the ...
Mahr is the total money or property that the husband is required to give the wife at the time of marriage . The two types of mahr are the prompt mahr which is given to the wife soon after the marriage, and the deferred mahr, which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce. [14]
Mahr (donatio propter nuptias) [43] differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and is paid by the groom to the bride. The amount of money or possessions of the mahr is paid by the groom to the bride at the time of marriage for her exclusive use. [44]
The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent. The wife has the right to initiate divorce, it is called khula. She either gives back the dowry (mahr) or does not, depending on the reason for divorce. The man has the right to divorce.
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