What Is The Difference Between Khula And Faskh Divorce?
Understanding the difference between Khula and Faskh divorce can be confusing, but our expert divorce solicitors have experience in dealing with all different aspects of divorce. In this article, we’ll lay out what the difference is between these two types of Islamic divorce.
How are they different?
Khula and Faskh-e-Nikah are both forms of Islamic divorce which are not led by the husband. Both forms end marriage under Islam and Sharia law. However, if the couple are also married under UK civil law then a civil divorce must also be sought.
Talaq is the form of husband-led divorce where the husband grants ‘Talaq (translated as repudiation)’ upon his wife, thereby divorcing her. However, in the case where the husband is not initiating the divorce, the wife can seek a Khula or Faskh. Note: Khula and Faskh can sometimes be confused, since some people refer to all divorces that are not husband-led as Khula.
Khula and Faskh differ in the fact that in Khula divorce, the husband and wife mutually consent to the divorce. Whilst a Khula is typically initiated by the wife, the husband and wife agree on the terms of the divorce. The terms often involve the wife agreeing to repay the Mehr/Mahr (the dowry given to the wife by the husband upon marriage).
A Faskh-e-Nikah is a dissolution of an Islamic marriage pronounced by a Sharia court, on application of the wife. This type of divorce is sought if the husband and wife do not mutually consent to divorce/ when the husband refuses to give ‘Talaq’ despite the marriage having broken down. From an Islamic standpoint, it is prohibited for a husband to unreasonably refuse to grant ‘Talaq’ so a Faskh enables the wife to seek divorce in this circumstance. There are a number of alternative spellings that you may come across, such as: Khula: Al-Khul, khuluk, kuhl; Faskh: fasakh; Talaq: Tilaq, talak.
How can we help?
At Cartwright King, we have a great deal of experience in helping our clients through any form of divorce. There may be other things to consider in the wake of a divorce, such as:
- Divorce and property disputes
- Divorce and disputes regarding child arrangements
- Help from divorce lawyers in cases of domestic abuse
- Visa Issues After Divorce
- Wills, Trusts and Probate
- Financial settlements and divorce
- Pre-nuptial agreements that were made
- Post-nuptial agreements that were made
Read more on our divorce solicitors page
Do I need a solicitor?
Divorce can become very complicated when there are so many different aspects that need to be considered. Whilst you can decide to carry out your divorce yourself, it is generally advised to seek legal counsel to guide you through the process as smoothly as possible. Cartwright King offer excellent divorce solicitors with offices across the UK. They can offer support throughout all areas of family law.
If your relationship has broken down, we can help you to make the next steps for your family. Get in touch today for a consultation.
All advice is correct at time of publication.