Dr. Atiya Lasheen, professor of comparative jurisprudence, explained that questioning the validity of judicial khul on the grounds that the husband did not personally divorce his wife has no basis in Islamic jurisprudence.
He stated that khul is an established form of marital separation supported by the Prophetic Sunnah. It differs from ordinary divorce, which is generally initiated by the husband, because khul is requested by the wife in return for giving back the dowry she received.
Accordingly, under the scholarly view explained by Lasheen, a judicial ruling granting khul does not depend on the husband personally pronouncing divorce.
What Is the Difference Between Khul and Divorce?
Lasheen explained that Islamic jurisprudence recognizes several forms of marital separation, including divorce, judicial separation, annulment, and khul.
Divorce is initiated by the husband, while judicial separation may be ordered by a judge for recognized reasons, such as failure to provide financial support, absence, or imprisonment.
Annulment, meanwhile, may occur when there is a circumstance that prevents the continuation of married life, including certain serious defects or illnesses.
What Is Khul in Islamic Law?
Khul is a distinct form of ending a marriage in which the wife seeks separation in return for returning the dowry she received.
Lasheen explained that khul may apply when a wife feels unable to continue the marital relationship because of strong aversion toward her husband, even when there is no apparent wrongdoing on the husband’s part that would independently justify judicial separation.
What Is the Evidence for the Legitimacy of Khul?
Dr. Atiya Lasheen referred to the well-known account involving the wife of Thabit ibn Qays, who told the Prophet Muhammad that she could not continue living with her husband.
The Prophet asked whether she would return the garden that her husband had given her. After she agreed, he instructed her husband to accept the garden and separate from her.
This incident is among the evidence used by Muslim jurists in establishing the legitimacy of khul as a form of marital separation.
Must the Husband Personally Pronounce Divorce for Khul to Be Valid?
Lasheen explained that the belief that khul is invalid unless the husband personally pronounces divorce is not correct as an absolute rule.
He noted that commands appearing in Islamic texts can have different legal meanings, including obligation, recommendation, and permissibility. In the cited case, the command was understood as a recommendation rather than an obligation.
Therefore, the husband’s failure to personally pronounce divorce does not by itself invalidate judicial khul.
Can a Judge Act on Behalf of the Husband in Khul?
Dr. Atiya Lasheen stated that a judge may act on behalf of the husband in judicial khul, just as a judge may issue separation rulings for recognized legal reasons.
Accordingly, a judicial khul ruling is considered valid from the Islamic legal perspective under the view presented, and its validity should not be questioned merely because the husband did not personally agree or pronounce divorce.
Is Egypt’s Khul Law Based on Islamic Law?
Dr. Atiya Lasheen stated that Egypt’s khul law is derived from Islamic law and does not contradict its texts or objectives.
He emphasized that claims that judicial khul is invalid have no sound basis according to the legal position he presented.
Is judicial khul valid without the husband’s approval?
According to the scholarly view presented by Dr. Atiya Lasheen, yes. Judicial khul is valid and does not depend on the husband personally approving or pronouncing divorce.
What is the difference between khul and divorce?
Divorce is initiated by the husband, while khul is requested by the wife in return for returning the dowry and may be granted through a judicial ruling.
Must the husband pronounce divorce for khul to be valid?
No. According to the cited ruling, the husband does not have to personally pronounce divorce for judicial khul to be valid.
What is the evidence for the legitimacy of khul?
The story of the wife of Thabit ibn Qays is among the principal Prophetic evidence cited for the legitimacy of khul.
Can a judge act on behalf of the husband in khul?
Yes. According to the ruling presented, the judge may act on behalf of the husband in issuing a judicial khul ruling.
