Egyptian Dar Al-Ifta has clarified that khulʿ is legally and religiously treated as one irrevocable divorce. As a result, it counts toward the total number of divorces available to a husband in the marriage.
This approach is the established position followed in Egyptian religious rulings and judicial practice.
What Is the Religious Basis of Khulʿ?
Islamic law gives the husband the initial right to pronounce divorce when he decides that continuing the marriage is no longer possible.
At the same time, Islamic law provides khulʿ as a means for the wife to seek separation when she strongly dislikes continuing the marriage and fears that she may be unable to fulfill the rights and obligations of married life.
Khulʿ allows the wife to seek release from the marriage in return for compensation offered to the husband.
In general terms, khulʿ refers to ending the marriage contract through khulʿ, divorce, or an equivalent legal formula in exchange for compensation provided by the wife or another party.
Is Khulʿ Permissible or Forbidden?
Khulʿ is permissible under Islamic law when its relevant conditions and procedures are fulfilled.
Dr. Ali Fakhr, a Fatwa Secretary at Egypt’s Dar Al-Ifta, previously explained that khulʿ in Egypt is not completed through a private declaration by the wife. Instead, it takes place through the competent court.
He also noted that the more accurate expression is that a wife "seeks khulʿ" from her husband, as she submits a legal request explaining the reasons behind her demand for separation.
How Does the Khulʿ Process Work?
When a wife files for khulʿ, the court examines the case and summons the husband to review the circumstances surrounding the marital dispute.
If the wife maintains her request and the court rules in her favor, the judgment takes effect and the marriage ends according to the applicable legal and religious consequences.
Therefore, according to the stated position, khulʿ is not completed simply through an informal agreement outside the judicial process.
Does Khulʿ Count Toward the Three Divorces?
Yes. Dar Al-Ifta explains that khulʿ counts as one irrevocable divorce.
Therefore, if khulʿ occurs when the husband has not yet exhausted all three divorces, one divorce is counted against the total number remaining.
What Happens if Khulʿ Is the First or Second Divorce?
If khulʿ represents the first or second divorce, the former spouses may marry each other again if both agree.
However, because khulʿ is an irrevocable divorce, the husband cannot simply restore the marriage through revocation during the waiting period.
A new marriage contract and a new dowry are required, together with the wife’s consent.
What Happens if Khulʿ Is the Third Divorce?
If khulʿ constitutes the third divorce, it completes the three divorces and results in major irrevocable separation.
In that situation, the former husband cannot immediately remarry the woman. The relevant Islamic legal conditions concerning a subsequent valid marriage must first be fulfilled before a new marriage to the first husband could become possible.
What Is the Difference Between Khulʿ and Divorce?
Both khulʿ and divorce can bring a marriage to an end, but their procedures and legal characteristics differ.
Divorce is initially placed in the husband’s authority, while khulʿ is sought by the wife through the judicial process.
Another key distinction is that khulʿ is considered an irrevocable divorce, meaning that the husband does not have the ordinary right of revocation during the waiting period.
If the couple wishes to reunite after a first or second khulʿ, they must enter into a new marriage contract with a new dowry and the wife’s consent.
Key Takeaway on Khulʿ
Khulʿ is treated as one irrevocable divorce and therefore counts toward the three divorces available within the marriage.
Its consequences depend on whether it represents the first, second, or third divorce. After a first or second khulʿ, remarriage is possible through a new contract and dowry if both parties agree. If it completes the third divorce, the rules of major irrevocable separation apply.
Does khulʿ count as one divorce?
Yes. Khulʿ is treated as one irrevocable divorce and counts toward the total number of divorces.
Can spouses reunite after khulʿ?
After a first or second khulʿ, they may remarry through a new marriage contract and dowry with the wife’s consent.
Does khulʿ require a court judgment?
According to the stated Egyptian position, khulʿ is completed through the competent court and its judgment.
What if khulʿ is the third divorce?
It completes the three divorces and results in major irrevocable separation, subject to the applicable Islamic legal rules.
Is khulʿ forbidden in Islam?
No. Khulʿ is a recognized and permissible form of marital separation when its conditions and procedures are fulfilled.
