Question 1: I am a Muslim woman who has been married to a Muslim man for two years. Two months ago, I filed a divorce lawsuit against my husband for prejudice, but the court rejected the lawsuit. My husband is currently asking me for a large sum of money and to give up custody of my children. But I refused to do so.
Currently, I am in the process of filing Khul against my husband. Will I lose the Khul’ Do I have the legal right to ask the court to reduce the amount requested by my husband? Please advise.
Answer 1: According to Article 118 of the Personal Status Law, if damage is not proved, and the dispute continues between the spouses, the damaged party may file a new divorce case (instead of Khul), and if the Family Orientation Committee and the judge cannot reach reconciliation, the judge shall issue a judgment appointing two arbiters.
If the two arbiters are unable to reconcile, the court shall present the recommendation of both arbiters to the spouses and invite them to reconcile before issuing the judgment of divorce.
If you want to file Khul, you have to take into consideration that your husband has the right to demand the amount of money he wants and you have the right to ask the court to reduce it. The judge shall estimate the amount which might be only the dowry or more. If you do not pay the amount the court decides, then the Khul shall be rejected. Regarding custody of children, the husband doesn’t have the right to oblige you to give up custody.
This is established by Article 110 of the above mentioned law that Khul, redemptive divorce, is a contract under which the spouses mutually agree on terminating their marriage contract for some consideration paid by the wife or another person. The portion that may be specified in the dowry may be specified in the khul compensation, but it may not exclude the children’s maintenance or custody.
If the Khul compensation is not valid, the khul shall be valid and the husband shall be entitled to the dowry. Khul shall dissolve the marriage contract. By way of exception from the provisions of Clause 1 of this Article, if the husband refuses the khul due to obstinacy and it is feared that they may not observe the limits ordained by the Almighty, the judge shall decide this khul for some proper compensation.
