Khula (الخلع) is when a wife asks to end her marriage in return for a payment she gives back to her husband, usually the dowry (mahr) or part of it. It is regulated by the Saudi Personal Status Law (نظام الأحوال الشخصية), and can happen by agreement between the spouses or by court judgment if the husband refuses. Here we explain the conditions for khula, the court steps, and what follows from it.
What is khula, and how does it differ from divorce and annulment?
| Divorce (talaq) | Khula | Annulment (faskh) | |
|---|---|---|---|
| Who asks for it | Pronounced by the husband | Requested by the wife | Requested by the wife or the husband on a ground the law recognises |
| Payment | No payment by the wife | The wife returns a payment to the husband | No payment in principle; based on a proven ground such as harm |
| Must harm be proved? | No | Not required | Yes, the ground must be proved |
That is why a wife usually turns to khula when she cannot continue the marriage but has no evidence of harm that would justify annulment.
Conditions for khula
- The wife's wish to separate, and that she is the one requesting it.
- The payment: money or property the wife returns to the husband, either agreed or set by the court in case of dispute, and usually linked to the dowry he paid.
- An existing marriage: the marriage contract must still be in force.
- An attempt at settlement: the court usually refers the spouses to reconciliation before ruling, and if that fails it grants khula.
Steps to file a khula claim
- File the claim online through Najiz (ناجز, the Ministry of Justice e-services platform) with the competent personal status court.
- Attach the documents: the marriage contract, the wife's ID, and proof of the dowry paid, if any. Court filings are in Arabic, so foreign documents generally need an Arabic translation.
- Settlement: the case is referred to reconciliation or settlement to try to save the marriage or agree on the payment.
- Hearing: if no agreement is reached, the court hears the case and both parties.
- Judgment: the court grants khula in return for the payment it sets, and a deed (sak) is issued.
What follows from khula?
- Irrevocable separation: after khula, the husband cannot take his wife back except with a new contract and new dowry, with her consent.
- Waiting period: the woman must observe the waiting period (iddah) after khula as the law sets.
- Custody and maintenance: khula does not remove the mother's right to custody of her children, nor the children's right to maintenance from their father. Read custody and maintenance after divorce.
Frequently asked questions
Does the husband have to agree to khula?
No. If the husband refuses, the court hears the claim and grants khula if settlement fails and the wife is willing to return the payment.
Must the dowry be returned in full?
The payment is agreed between the spouses, and if they disagree the court sets it according to the circumstances of the case. So the amount cannot be fixed in advance without looking at the details.
How long does a khula case take?
It depends on the settlement stage, whether both parties attend, and whether the documents are complete. Agreeing on the payment early shortens the process considerably.
Can a khula claim be filed if the husband is outside Saudi Arabia?
Yes. The claim is filed with the competent court and the husband is notified through the official notification procedures.
Need a lawyer for a khula case?
The team at Usus Law Firm, which includes a female lawyer, handles personal status cases in full confidence, from settlement through judgment and enforcement, in Riyadh and Tabuk. Read our guide to the Personal Status Law.
Read also: A female lawyer for khula and family cases.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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