Khul’ in Saudi Arabia

Khul’ in Saudi Arabia is a highly sensitive topic, especially for wives whose marriages are on the brink of collapse. Many women face the difficult decision of whether to continue their marriage or end it through khul’—an act of separation that involves relinquishing certain rights. While marriage is built on a foundation meant to support and sustain the relationship, it’s essential for spouses to attempt reconciliation before deciding on divorce or khul’.

Understanding Khul’ in Saudi Arabia

Khul’ refers to a wife’s request for divorce from her husband, usually accompanied by compensation paid to the husband, sometimes provided by her family. The term derives from the act of the wife “removing herself” from the marriage, sacrificing various rights to obtain a divorce.

When khul’ proceedings are completed, the husband cannot remarry his ex-wife, as the marriage contract is deemed void. In contrast to divorce, where a wife retains financial rights, khul’ requires the wife to forfeit these rights in Saudi Arabia.

However, Saudi law stipulates that certain rights are non-negotiable, especially those related to children, such as custody of minors, child support, housing, healthcare, and her entitlement to gifts and jewelry given by the husband during the marriage.

Conditions for Khul’ in Saudi Arabia

In line with modernization, Saudi Arabia has revised its personal status law, addressing khul’ under Articles 95 to 102. Notably, a couple can agree on khul’ without court intervention. However, certain conditions must be met, including:

1. Both spouses must be of sound mind and legal age; the wife must waive her financial rights but not those pertaining to children.
2. Persistent, unresolved marital issues.
3. If the wife despises the husband, hindering their relationship, she may request khul’.
4. When a husband refuses to provide for his wife or household.
5. If the husband is miserly, allowing the wife to seek khul’.
6. If the husband has other wives and is unable to treat them equally.
7. Lack of physical or intellectual compatibility.
8. If the husband inflicts harm upon the wife, she may pursue khul’ with proof.
9. Extended absence of the husband, for at least one full calendar year, without a valid reason.
10. When a husband who hasn’t consummated the marriage fails to pay the dowry within 30 days from the date of the khul’ request.
11. If the husband is a drug addict or involved in drug trafficking.
12. The khul’ request must come from the wife, as a husband cannot initiate khul’; he may, however, initiate divorce.

Islamic Rulings on Khul’

Khul’ has two rulings in Islam, permissible in certain cases and forbidden in others.

• Forbidden Khul’: If a wife requests khul’ without a valid reason, it’s considered forbidden. The Prophet Muhammad (peace be upon him) said, “Any woman who asks her husband for a divorce without a valid reason will not smell the fragrance of Paradise.”
• Permissible Khul’: Islam permits a wife to request khul’ if she fears she cannot uphold the boundaries set by Allah, such as when a husband is much older, violates Islamic principles, or commits sinful acts like selling alcohol or drugs, or mistreats her with violence. Allah says in Surah Al-Baqarah, verse 229: “If you fear they will not be able to keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.”

Filing for Khul’ in Saudi Arabia

To file for khul’, the reason for divorce must be convincing to the court, with the marriage contract valid and documented. All supporting documents and evidence proving the wife’s reason for khul’ must be presented, including the offer made to the husband in exchange for the divorce.

Upon filing, the court initiates the following steps:

1. A session for the khul’ is scheduled, and both spouses are summoned.
2. The wife verbally requests khul’ in front of her husband, listing their children if applicable.
3. She states the dowry amount as recorded in the marriage contract.
4. The judge inquires about the husband’s faults, as described by the wife, and if confirmed, grants khul’.
5. The wife is responsible for covering the fees of both her attorney and her husband’s.

Conclusion

Initially, the court attempts reconciliation between the spouses to save the marriage, which has proven successful in many cases. A specialized committee addresses the issues to reach a solution before finalizing the khul’. As a result, khul’ cases in Saudi Arabia generally take between 60 and 90 days to resolve.