MAKKAH – Everyone agrees that marriage is a relationship based on understanding between the couple. The main target of marriage is to form a stable family under the care of the husband and wife and based on chastity. Allah Almighty has permitted ending this relationship if it becomes impossible for the two parties to continue in their marital life — either by divorce or khula — after guaranteeing all their rights and duties. In Islamic law, khula is the right of a woman to seek divorce from her husband after paying him compensation (usually monetary). Okaz/Saudi Gazette tackled the subject of khula with several women in Makkah. Women resort to khula for several reasons, including the woman hating her husband without any bad conduct from his side. While some men refuse to divorce the wife, she then returns the dowry or any other money to him and gets a divorce then. In other words, she gets a release from her husband after paying him money. The husband might be mistreating his wife, so she resorts to khula. If such a thing happens to her, she will begin by trying to reform the husband before resorting to the court and finally khula. Wafa, a teacher, said when she was a teenager, several young men came to ask for her hand in marriage, but her father used to give them excuses that he wanted her to complete her education and get a job. He would reject these suitors and years passed. Wafa said a close friend of hers told her that her brother-in-law was interested in marring her. Her friend introduced them to each other and they talked for a while and got married. Several days after the marriage, he asked her to give him SR20,000 as he was in debt. A few weeks later, he requested more money. When she asked him about the previous amount, he became very angry. He stayed away from home for nearly 10 days. He finally kicked her out of the house; she went to her father's house and stayed there for several months. Her husband did not even care to ask about her. A year later, she filed a complaint at the court asking for a divorce, but the husband refused. Several months later, the judge advised her to ask for khula. Wafa paid her husband another SR30,000 as the cost of her freedom. Noora had the same painful ending as Wafa by getting a divorce through khula. She was married to a man who had a good reputation. However, after marriage, her husband changed; he was hardly there for her and rarely attended her family gatherings. He cut their honeymoon short and returned to the Kingdom. Noora thought he did so because he had work. However, there was no apparent reason for this. He changed drastically. He was always angry and spent all his time with his friends. Noora said she could not bear living with him, so she filed for khula. She won the case and succeeded in separating after returning the full dowry to him and the gold he had brought her. Umm Salim got separated from her husband after a 35-year marriage. He traveled abroad and married a girl who was his daughter's age. Umm Salim could not tolerate life with him so she move the court and demanded khula. Courts are full of khula cases. There are many stories of men mistreating their wives and vice versa. In both cases, they are demanding a divorce. Lawyer and legal consultant Ahmad Jam'an Al-Malki said khula is considered to be a quick solution for marital disputes that occur between couples. This right is given to the wife who hates living with her husband. In this case, she has to return to him the full dowry he paid her.
