Khul (compensatory divorce)

Islamic Fiqh > Marriage and family > Khul (compensatory divorce)

Khul': the woman repays the mahr (or more per a view) to dissolve the marriage; the hadith of Thabit ibn Qays, conditions and cases.

Updated on 06 October 2026 at 10:50 PM

Khul from A to Z: its pillars, who can conclude it (the wife, her agent, the underage father), the compensation and formula, the waiting period, the accompanying divorce and disagreements over compensation.

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The evidence among the classical schools

Al-Hawi al-Kabir by al-Mawardi · Shafi'i school

Chapter: the woman's proposing what obliges her of the khul', and what does not oblige her, of marriage and divorce, dictated upon the questions of Malik and Ibn al-Qassim. Al-Shafi'i, may Allah have mercy on him, said: "If his wife says to him: divorce me three times and you shall have from me a hundred dirhams, that is like a man saying: sell me this garment of yours for a hundred dirhams; if he divorces her three times, the hundred dirhams are his."

Al-Mawardi said: know that the khul' is a contract of exchange following the course of sale, for the husband thereby acquires the compensation and the wife thereby acquires the separation (bud'). The husband thus becomes lawful (for her).

Al-Mughni by Ibn Qudama · Hanbali school

because there is no suspicion in his having divorced her in order to give her that; for had he not divorced her, she would have taken it from her inheritance. And if he bequeathed her an increase upon it, the heirs have the right to prevent that, for he is suspected of intending to convey that to her, since he had no way to convey it to her while she was in his marital bond; so he divorced her to convey that to her, and he is therefore prevented from it, as if he had bequeathed to an heir.

Frequently asked questions

Does khul' require the husband's consent?

The majority requires it; Malikis admit the judge imposing khul' when harm is proven (Habiba bint Sahl's case, al-Bukhari 5273).

Does the wife return her mahr in khul'?

Typically yes: she returns what she received (Jamila's garden) as compensation; the amount is negotiated or set fairly.

Is khul' revocable?

No: khul' is a definitive break; remarriage requires a full new contract with mahr.

The husband refuses khul': what to do?

Seize the judge (or competent instance): tafriq for harm or nafqa default exists (see the judicial divorce page).

Sources and references

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