What is?
If the couple has participated in a civil marriage, the MUN requires them to be divorced in both Islamic and civil procedures. Civil divorce cannot replace Islamic divorce, in the same way that civil marriage does not replace an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element. The Prophet said in his last sermon during Hajj:
"Be careful how you treat women. You have accepted them by the Word of Allah, and you have established lawful sexual relations with them by the Word of Allah."
A Khul'a takes place when the husband agrees to his wife's request for divorce. If the husband refuses consent, Islamic law allows Muslim judges or authorized ulama to dissolve the marriage. This is known as Faskh (judicial dissolution).
There is no limitation on the grounds for divorce. The most common of these are:
1. Where the wife suffers physical, financial or emotional harm from the husband. All violence in marriage is condemned by Islam, and MUN takes allegations of such violence very seriously.
2. Where the man suffers from certain physical defects, such as impotence.
3. Adultery.
4. Forced marriage
1. All applicants must provide the main reasons for applying for a Khul'a / Dissolution of Marriage in the application form.
2. Your application will be registered with relevant information. It is important that you fill in the entire application form completely.
3. MUN will issue the first letter to the husband, informing him that his wife has approached MUN for Khula / dissolution of marriage. The applicant will receive a copy of correspondence. If the man does not respond within the deadline, MUN will issue letter number two, if no response is received within the deadline. Will MUN issue letter no three, if no reply is received within the deadline for this one.
4. Does MUN ask in the application whether the applicant wants mediation from MUN? If both parties wish, the parties will have the opportunity to meet (it can be a physical or online meeting) with a scholar/alim/imam to discuss their case. The imam will write a written report which will be presented to the board of MUN. If it is desirable for the parties, the joint meeting between the parties will also be agreed. Failure to attend this meeting by the applicant may delay the case or cause it to be terminated. A joint meeting will not be held if there is an order from the State Administrator.
5. The joint meeting is not intended to force an unhappy couple to reconcile. Islam has given both men and women the right to apply for divorce, and MUN sees the importance of this right. The joint meeting is an opportunity for closure; it allows both parties to air their grievances and perhaps identify their own faults. It also allows questions such as Mahr to be agreed upon. MUN does not interfere in matters concerning child distribution or other financial matters, apart from what is directly related to the matter. But if the couple is interested in getting marriage guidance before they make the final decision, MUN will also facilitate this. According to Islamic law, an unhappy wife will never be forced to return to her husband.
6. If the man agrees to grant a divorce, he will be asked to sign an agreement to this effect. An Islamic divorce certificate will then be issued.
7. If the husband refuses to consent to the granting of a divorce or chooses not to respond to the three letters, the case will be sent to the Ulama panel of the MUN to decide on the dissolution of the nikah.
8. The ulama panel has the authority to terminate the marriage by judicial dissolution (Faskh). We ask the applicant and defendant to comply with any conditions agreed by the panel. An Islamic divorce certificate will then be issued.
The divorced woman is not allowed to remarry during the Iddah period. According to Muslim scholars, the Iddah for Khul'a is the same as for Talaq, which is three full menstrual cycles or (three months).
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 of the Qur'an, there is no Iddah if the marriage was not consummated.
The Qur'an enjoins the husband to give mahr to his wife, and it is an indispensable part of a valid marriage. The marriage is not complete according to Islamic law without the mahr being part of the contract. In the process of Khul'a, the wife is required to return the Mahr.
Services & Fees
1. All applicants must provide the main reasons for applying for a Khul'a / Dissolution of Marriage in the application form.
2. Your application will be registered with relevant information. It is important that you fill in the entire application form completely.
3. MUN will issue the first letter to the husband, informing him that his wife has approached MUN for Khula / dissolution of marriage. The applicant will receive a copy of correspondence. If the man does not respond within the deadline, MUN will issue letter number two, if no response is received within the deadline. Will MUN issue letter no three, if no reply is received within the deadline for this one.
4. Does MUN ask in the application whether the applicant wants mediation from MUN? If both parties wish, the parties will have the opportunity to meet (it can be a physical or online meeting) with a scholar/alim/imam to discuss their case. The imam will write a written report which will be presented to the board of MUN. If it is desirable for the parties, the joint meeting between the parties will also be agreed. Failure to attend this meeting by the applicant may delay the case or cause it to be terminated. A joint meeting will not be held if there is an order from the State Administrator.
5. The joint meeting is not intended to force an unhappy couple to reconcile. Islam has given both men and women the right to apply for divorce, and MUN sees the importance of this right. The joint meeting is an opportunity for closure; it allows both parties to air their grievances and perhaps identify their own faults. It also allows questions such as Mahr to be agreed upon. MUN does not interfere in matters concerning child distribution or other financial matters, apart from what is directly related to the matter. But if the couple is interested in getting marriage guidance before they make the final decision, MUN will also facilitate this. According to Islamic law, an unhappy wife will never be forced to return to her husband.
6. If the man agrees to grant a divorce, he will be asked to sign an agreement to this effect. An Islamic divorce certificate will then be issued.
7. If the husband refuses to consent to the granting of a divorce or chooses not to respond to the three letters, the case will be sent to the Ulama panel of the MUN to decide on the dissolution of the nikah.
8. The ulama panel has the authority to terminate the marriage by judicial dissolution (Faskh). We ask the applicant and defendant to comply with any conditions agreed by the panel. An Islamic divorce certificate will then be issued.
In the time of the Prophet (SAWS), the wife of Thabit b. Qais requested the Prophet for a divorce from her husband. The Prophet asked her to return the garden given to her at the time of marriage as dower (Mahr). She accepted this condition and the marriage was dissolved.
The situation in which the wife initiates divorce proceedings is known as Khul’a.