“Divorce and khul’ are two ways to end a marriage, but they differ in process and conditions. Under Islamic law, a woman can request khul’ if she is unable to continue the marriage, usually offering financial compensation. The UAE Personal Status Law regulates this right in a way that ensures fairness and protects the rights of both parties. But what is the difference between divorce and khul’, and how is each regulated by law? That is what we will explore.

Divorce

Under the UAE Personal Status Law, divorce is defined as the termination of the marriage contract initiated by the husband through a clear verbal declaration.

Khul

 is a separation between the spouses initiated by the wife, with the husband’s consent in exchange for compensation paid by the wife or someone on her behalf. It results in an irrevocable minor divorce (first or second talaq).

Divorce Registration

After a husband pronounces divorce, he is legally required to register it with the competent court within 15 days.

If he fails to do so without a valid excuse accepted by the court, the wife becomes entitled to compensation equal to the amount of spousal maintenance (alimony) from the date of divorce until the date it is officially registered.

KHUL registration

The spouses must register the khul’ before the court within 15 days. Any interested party may also submit a request to the court to establish the khul’ using any acceptable form of evidence.

Reconciliation (Return to Marriage)

In the case of a revocable divorce (first or second talaq), the husband has the right to take his wife back during her waiting period (‘iddah) without a new marriage contract or dowry. However, once the ‘iddah ends or if it is the third divorce, the divorce becomes final (irrevocable), and the wife can only return through a new marriage contract and a new dowry.

If a wife and husband wish to reunite after a khul’, a new marriage contract and new dowry are also required.

Number of Divorces (Talaqs)

Khul’ does not count toward the number of divorce attempts (talaqs) the husband has. In contrast, each divorce (talaq) declared by the husband does count, and after three, the divorce becomes final and irreversible.”

Dowry (Mahr)

If khul’ takes place before consummation of the marriage, the woman is not entitled to any portion of the dowry (mahr).

If divorce occurs before the marriage is consummated, the woman is entitled to half of the agreed dowry (mahr).