When can women seek to end a marriage and how?

Walaikum assalam,

‘Khula’ is a method of affecting a divorce. This occurs where the wife finds it difficult to live with her husband and for some reason or the other he refuses to issue a divorce, and then she may gain her freedom by means of a ‘Khula’. The husband’s consent is necessary for Khula. There should be no excesses or oppression in the marriage, which necessitate Khula. The scholars of sacred law have written that if the husband oppresses the wife and makes her life difficult, then due to this she is forced to make Khula, he should not take anything from her. The wife should as a gesture on her part, forgive the dowry (mahr). There should be no excesses in Khula. The shari’ah has stated that it is not permissible for the husband to make lavish and oppressive demands in Khula. If the woman is disobedient and if the fault lies with her, then the couple may come to an amicable agreement with regard to Khula, where after she returns to him her dowry (mahr) (if already paid it) or she gives it (in the case where he has not yet paid her). He may also, if he wishes, ask for her to return the things, which he had gifted her with. Nevertheless, such a request would not be appropriate. However, the woman should return his things, so that she may attain her freedom.

(Ibn Abidin pg 771, V.2)

(The Complete System of Divorce pg 207–Mufti Abdul Jalil Qasmi)

The Ruling of Khula without the Consent of the Husband

If the husband refuses to give consent and unduly oppresses her and refuses to agree on Khula, then in such a case a wife can refer to a committee of Ulama to effect an annulment, which can effect a divorce after thorough investigation in the matter.

(The Complete System of Divorce pg 208–Mufti Abdul Jalil Qasmi)

Wassalam,

Ilyas Patel,
UK.