Judicial Khula: Can a Judge Grant Khula Without Husband’s Consent?
Khula is a valid Islamic ruling, and Egyptian judges can issue it even if the husband has not pronounced divorce, in line with Sharia.
Dr. Atiyah Lashin, Professor of Comparative Jurisprudence, explained that khula is a legitimate Islamic ruling derived from the Sunnah. Unlike divorce, which is under the husband’s authority, khula is requested by the wife in exchange for returning her dowry, and the judge may grant it on her behalf when legal grounds exist.
He clarified that marital separation in Sharia takes several forms: divorce by the husband, judicial divorce for reasons like non-payment of maintenance, absence, or imprisonment, annulment for defects preventing marital life, and khula when the wife feels incompatibility without a legal cause.
Dr. Lashin cited the hadith of Jamila bint Thabit, who sought khula from her husband; the Prophet ﷺ allowed it in exchange for her dowry, proving that judicial khula is valid even if the husband does not pronounce divorce.
He emphasized that Egyptian law aligns with Sharia, and judicial rulings on khula are valid, urging careful understanding of Islamic texts free from doubts.
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