Overview
Khulʿ is a legally recognized form of divorce under Islamic jurisprudence and codified in the UAE's Federal Personal Status Law. It enables a wife to initiate the dissolution of her marriage by offering compensation to her husband, most commonly through the waiver of her mahr (dowry). This right provides women with a lawful and religiously sanctioned avenue to end a marital relationship, even where there is no allegation of harm or abuse.
What is Khulʿ?
Khulʿ refers to the termination of a marital contract initiated by the wife in return for financial consideration to the husband. This typically involves relinquishing her mahr or other agreed entitlements. A khulʿ divorce is irrevocable (bain), meaning reconciliation can only occur through a new marriage contract and the payment of a new mahr.
Legal Basis for Khulʿ in UAE Law
The governing law is Federal Law No. 28 of 2005 (UAE Personal Status Law), specifically Article 110, which provides:
"The spouses may mutually agree to khulʿ. If they do not agree and the wife insists on khulʿ, claiming aversion and fear that she cannot observe the bounds of God, the judge may grant the divorce in return for fair compensation."
Accordingly, khulʿ may be granted even in the absence of the husband's consent, provided the wife meets the necessary legal and procedural requirements.
Conditions for Valid Khulʿ under UAE Law
For khulʿ to be legally recognized in the UAE, the following conditions must be met:
Full Legal Capacity: Both spouses must be legally competent, of sound mind, and have the capacity to act.
Valid Marriage: A lawful and existing marital contract must be in place.
Stated Grounds: The wife must express serious aversion, incompatibility, or inability to continue the marriage.
Compensation (ʿIwad): The wife must offer fair compensation—usually her mahr or another agreed-upon sum. If she lacks legal capacity, her guardian may act on her behalf.
Agreement or Judicial Determination: Ideally, both parties agree to the compensation. If not, the court may assess and determine an equitable amount.
No Exchange of Parental Rights: Custody rights or child maintenance obligations cannot be waived in exchange for khulʿ.
Lawful Compensation: The compensation must be made using legitimate (halal) funds or property.
Khulʿ Procedure in the UAE
There are two principal procedural routes for obtaining a khulʿ divorce in the UAE:
1. Amicable Khulʿ (By Mutual Consent):
The parties sign a written agreement outlining the grounds for khulʿ and compensation terms.
Legal counsel is advised to ensure the agreement complies with applicable law.
The agreement must be submitted to the Sharia Court and ratified within 15 days.
2. Judicial Khulʿ (Court Petitioned):
The wife initiates proceedings through the Family Guidance Committee.
If reconciliation fails, the matter is escalated to the Sharia Court.
The judge assesses whether the wife meets legal grounds for khulʿ and may grant divorce upon satisfaction of requirements.
Grounds for Rejection of Khulʿ
A court may reject a khulʿ petition under the following circumstances:
Absence of valid legal grounds.
Failure to offer appropriate compensation.
Indicators of bad faith or legal abuse.
Incomplete reconciliation procedures.
Legal Consequences of Khulʿ
Irrevocability: The divorce is final and cannot be reversed without a new marriage contract and mahr.
Forfeiture of Rights: The wife generally relinquishes financial claims such as deferred mahr and spousal maintenance.
Custody and Support: Child custody and financial support are determined independently of the khulʿ and based on the child's best interests.
Khulʿ vs. Judicial Divorce in UAE Law
The following table highlights key distinctions between khulʿ and court-ordered divorce under UAE law:
|
Khulʿ |
Judicial Divorce |
|
Initiated by wife |
Initiated by wife |
|
No need to prove harm |
Must prove harm (e.g., abuse, neglect) |
|
Compensation by wife is required |
No compensation required |
|
Husband's approval not mandatory |
Husband's approval not mandatory |
|
Irrevocable (bain) divorce |
May be revocable or irrevocable |
|
Wife forfeits certain financial rights |
Wife retains full financial rights |
Frequently Asked Questions
Is khulʿ considered divorce or annulment?
Khulʿ is a form of divorce, not annulment. It results in an irrevocable (bain) termination of marriage.
Can the couple remarry after khulʿ?
Yes, but only if the following conditions are met:
The wife completes her waiting period (iddah).
A new marriage contract is concluded.
A new mahr is paid.
What could invalidate a khulʿ ruling?
Use of forged or fraudulent documentation.
Absence of legal cause for seeking divorce.
Offering impermissible (haram) compensation.
Is it religiously permissible to request khulʿ without harm?
While Islamic law permits khulʿ, requesting it without legitimate reason is discouraged. According to hadith: "Any woman who asks her husband for divorce without reason, the fragrance of Paradise is forbidden to her." (Reported by Abu Dawood and al-Tirmidhi). That said, deep emotional distress or incompatibility may constitute valid grounds under Sharia.
Conclusion
Khulʿ under UAE law offers an equitable legal solution for women seeking to exit a marriage based on incompatibility or emotional hardship. It reflects both the principles of Islamic jurisprudence and the UAE's legislative commitment to upholding women's autonomy in family matters. However, given the legal and procedural nuances involved, it is advisable for individuals pursuing khulʿ to consult a qualified family lawyer to ensure their rights are fully protected throughout the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
