If I Filed for Khula’ and My Husband Sent a Divorce Before It Happened, Is It Khula’?

Answered by Shaykh Irshaad Sedick

Question

I filed for khula‘ in court on October 18, 2024. However, my husband sent divorce papers 10 days before the pre-trial stage when the khula‘ was inevitable. Would this be considered khula‘ or talaq?

Answer

In the name of Allah, the All-Merciful, the Especially Merciful.

Allah (Most High) says, “Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah.”

Valid divorce papers submitted in written form constitute a valid divorce, [Shirbini, Mughni al-Muhtaj]

This would count as a divorce, not a khula‘, in your situation, and Allah knows best.

Understanding Khula‘ and Talaq

In Sacred Law, khula‘ refers to a mutual agreement for the dissolution of marriage initiated by the wife in exchange for financial compensation, typically the return of her mahr (dowry). Talaq, on the other hand, is a unilateral divorce initiated by the husband. [Shirbini, Mughni al-Muhtaj]

Implications of Your Situation (Assuming He Intended Divorce)

If your husband issued the divorce (talaq) before the khula‘ proceedings, the divorce would be considered a talaq rather than khula‘.

The dissolution of the marriage through talaq does not involve the conditions or compensation that typically apply in khula‘.

Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.