Divorce in lieu of Mahr (Khula)

A wife returning the Mahr amount to the husband in exchange of a Talaaq is referred to as Khula’. The Talaaq issued by the husband to the wife subsequently will constitute as an irrevocable divorce (Talaaq-e-Baain). The general laws and principles governing the laws of divorce (revocable/irrevocable) also apply to the Talaaq issued in the case of Khula’ i.e. she will observe the Iddah period of three menstrual cycles if she experiences menses or three lunar months if she does not experience menses or till birth if she is pregnant. (Al-Muheetul-Burhaani 3/507)

NB: Khula Divorce will only take place with the acceptance of the husband i.e if the husband accepts to issue the talaq in exchange of the mahr or a lesser agreed amount.

Talaq is the sole perogative of the husband. If there is gross abuse etc. & the marriage has totally broken down despite all efforts to save it and the husband is refusing to to issue talaq, the wife may approach the Jamiat or any trustable Ulama Organization for Faskh (dissolution) of the marriage.

And Allah Ta’ala Knows Best