Dissolution Of Marriage Contracted Under Islamic Law | Zeniath Abiri

There are two major ways through which a marriage contracted in line with Sharia or Islamic principles, can be dissolved, which are;

1.     Talaq and

2.     Khul’u.

In view of the fact that the second method of dissolution of marriage is less discussed and consequently, less known in this part of the world when compared to Talaq, focus shall be on Khul’u in a bid to shed more light on the subject..

The Khul’u System of Dissolution of Marriage.

Khul’u means the dissolution of a marriage, usually on the giving of  something of value, by the wife, to the husband. It is initiated at the instance of the wife, against her husband, where she is so unhappy in her marriage, or the relationship between her and her husband, is so strained, that a harmonious relationship between them, as spouses, is impracticable. Certain scholars take the position that for Khul’u to be effective, the dissatisfied wife may, as consideration for the divorce, surrender the dowry and other material gifts, where necessary, to her husband, to compensate him for his material losses. The husband on the other hand, may, if he likes, waive his right to compensation, and simply agree to divorce her. Once Khul’u occurs, it is an irrevocable form of divorce. This system of divorce is sometimes referred to as ‘Khula’.