Khul'
This is a separation pathway that only a wife can initiate, where they must pay a token amount to their husband to separate. It is also known as redemption of talaq.
If you and your partner mutually agree to separate and your husband does not want to initiate via talaq, then khul' is an option for you both. If you have even agreed on your separation agreement, then khul' becomes the simplest option for you.
In this case, the timeline can be very fast, from 6 to 9 months.
Khul' can also be used in a non-mutual separation initiated by the wife. This may be where you and your partner have not agreed on the terms of separation, particularly on the token amount that needs to be paid. Be aware that this may take anywhere from 1-2 years to resolve in court, depending on your circumstances.
If you need advice from your support network, use our Questionnaire and send it to them so they can understand your unique situation.
Mutual separation via khul' is straightforward
1 Complete your declaration details
This is performed at the court in your state.
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Some items include:
1. Details of marriage.
2. Details of children.
3. Reasoning for separation
4. Agreement on separation of assets, family, mut'ah, maintenance and redemption amount.
You may need other documents that support your declaration form.
4 Divorce order is issued at court
In court, the wife pays the agreed redemption amount to the husband.
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The husband then pronounces the redemption of talaq in front of the judge.
The court will confirm this and give a divorce order to be used for divorce registration.
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2 Submit your application form
This is performed at the court along with your declaration form.
You will also need to pay a application fee which depends on the state that you are in.
5 Register the divorce
In order to register your divorce, the divorce order must be submitted to Jabatan Agama Islam Negeri in your state.
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Some states have their documents and divorce registration process online, others not.
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Payment of the divorce registration will also vary according to your state.
3 Make your court appearance
Usually this is scheduled for less than 1 month after you give your declaration and application form to the court.
At this point, you and your partner can represent yourselves in front of the judge.
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Check with your state what documents to bring.
6 The separation is finalized
The divorce will be registered and a divorce certificate will be issued, usually within 1 month.
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Your separation is now official.
The answer to how much the redemption token should be is not straightforward. Your khul' amount depends on many factors.
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The principal for khul' is that the redemption amount is one that returns some of the dowry that was paid upon marriage.
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How much this is depends on your unique situation. Your job, assets and future earning potential are some of the conditions which you and the court may use in deciding what a reasonable amount should be.
What you must do for a non-mutual khul' separation
1 Complete your declaration details
This is performed at the court in your state.
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Some items include:
1. Details of marriage.
2. Details of children.
3. Reasoning for separation
4. Proposal on separation of assets, family, mut'ah, maintenance and redemption amount.
You may need other documents that support your declaration form.
4 Make your court appearance
Usually this is scheduled for less than 1 month after you give your declaration and application form to the court.
At this point, you and your partner can represent yourselves in front of the judge.
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The judge will propose what the redemption amount to be paid is.
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Check with your state what documents to bring.
7 Divorce order is issued at court
After the conciliatory committee convinces all parties on the redemption value, the wife pays the agreed amount to the husband.
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The husband pronounces the redemption of talaq in front of the judge.
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A divorce order is then given by the court to be used for divorce registration.
2 Submit your application form
Generally this is done at the counter at the court along with your declaration form.
You will also need to pay a application fee which depends on the state that you are in.
5 Attend the conciliatory committee
If both parties still do not agree on the redemption amount to be paid, they will appoint you both to a conciliatory committee.
It is mandatory.
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This is also known as Jawatankuasa Pendamai (JKP).
8 Register the divorce
In order to register your divorce, the divorce order must be submitted to Jabatan Agama Islam Negeri in your state.
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Some states have their documents and divorce registration process online, others not.
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Payment of the divorce registration will also vary according to your state.
3 Respond to your court summons
If your partner is the one filing the application for separation, the court will summon you to take part in their enquiry on the separation application.
6 Relationship is unreconcilable
If the committee cannot reconcile the relationship or make you and your partner agree on a redemption amount, they will issue you an official certificate.
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They will recommend a separation agreement for your assets, children, mut'ah, maintenance and other related items.
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If you reconcile, the divorce application will be dropped.
9 The separation is finalized
The divorce will be registered and a divorce certificate will be issued, usually within 1 month.
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Your separation is now official.
Non-mutual talaq
versus
non-mutual khul'?
By law, non-mutual talaq can use the hakam process after the conciliatory committee period has ended. This enables the hakam to, if they choose fit, pronounce talaq on behalf of the husband. Thus the separation will be concluded.
However, non-mutual khul' does not use the hakam process after the conciliatory committee has concluded.
Meaning, the husband must voluntarily agree to the redemption of talaq himself.
If he does not, this may extend any separation process significantly.
I want to reconcile!
If you have separated via khul', it is considered an irrevocable separation. Ruju is not possible, you will have to remarry once more, the same process as when talaq has been said three times.
Consult your religious advisor to talk about your situation.