Difference between khula and divorce

Q: What is the difference between khula and divorce?

If during a fight between the husband and wife, the wife asks the husband to divorce her and the husband says that you want a divorce or he does not ask for it and during the same fight the husband says divorce to the wife then it will be considered khula or divorce because there is a difference in 'iddah.

A: Khula is where the wife requests the husband to release her from the nikaah by paying him a certain amount of wealth or the amount of her mahr. If the husband accepts in the same gathering, one talaaqul baa'in takes place and the husband will not have the right to keep her back or to revoke his divorce.

In this case, since the husband said the clear words of divorce, this is a divorce. This is not a khula.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)