What are khula cases?
Divorce (khula) in the Saudi personal status system is a separation between the husband and wife initiated by the wife and approved by the husband, in exchange for a financial compensation provided by the wife or her representative.
In Saudi law, khula is considered an annulment of the marriage contract, not a divorce, which gives it a unique nature.
- It is considered a minor irrevocable separation.
- It is not counted as part of the three permissible divorces.
The essence of khula cases lies in the fact that the initiative comes from the wife, who finds it difficult or impossible to continue the marital life due to reasons such as incompatibility or dislike, while being careful not to exceed the limits set by Allah.
Unlike divorce, which is a right of the husband, or annulment of the marriage (fasakh) that requires a specific legal cause such as harm or the husband's absence, khula cases provide the wife with a legal and Sharia-compliant means to end the marriage at her will, provided she returns the agreed-upon compensation, which is often the dowry (mahr) she received from the husband.
The wife often resorts to khula cases when she feels it preserves her dignity and provides her with a means of separation, especially when divorce is not an available option.
Conditions of Khula in Saudi Arabia
To be accepted in Saudi courts, divorce cases (khula) are subject to a set of conditions outlined in the Personal Status Law to ensure justice and protect the rights of both parties:
Compelling Reasons (in Judicial Khula): When the husband refuses or the wife seeks judicial khula, the wife is often required to explain the reasons behind her request for khula, such as intense hatred or the impossibility of continuing the marriage, to ensure the seriousness of the request.
Full Eligibility of Both Spouses:
Both the husband and wife must be of legal age, mentally sound, and capable of making binding legal decisions.
The Wife's Request for Khula:
The request for khula must be made by the wife freely and voluntarily, without any pressure or coercion.
The Presence of Financial Compensation (Material Consideration):
A key condition is the provision of financial compensation to the husband, often in the form of the dowry the wife received. If the separation occurs without compensation, it is considered a divorce, not khula.
The Husband's Consent (in Mutual Khula): If both spouses agree to end the marriage, the khula is documented directly without the need to file a lawsuit. If the husband refuses, a judicial request for khula is submitted to the competent court.
Validity of the Marriage Contract: The marriage contract must be valid and officially documented.
No Waiver of Children's Rights: The compensation provided in khula cannot be in exchange for waiving any rights of the children, such as custody or alimony, as these are legally guaranteed rights.
Submitting an Electronic Khula Request:
With the digital transformation in the Kingdom, filing a khula case electronically has become an available and efficient option through the "Najiz" portal, which is affiliated with the Ministry of Justice. This service makes it easier for the wife to initiate the proceedings without the need to visit the court in person during the initial stages.
Steps to Submit a Khula Request via Najiz:
- Login: Use your National Access account to log in to the Najiz portal.
- **Select Electronic Services**: Go to the "Electronic Services" menu, then choose the "Judiciary" package.
- Access the Lawsuit Application Service: Click on "Submit a New Request".
- Determine the Lawsuit Classification:
- The primary lawsuit. Personal status.
- The secondary lawsuit. Lawsuits of marriage and divorce.
- Type of lawsuit. Khula (divorce initiated by the wife).
- Filling out a Khula request form:
Enter all the required information accurately, including:- Spouses’ Information
- Marriage Contract Details
- Dowry Amount
- Reasons for Requesting Khula
- Attach Supporting Documents:
Attach all documents that support your request, then submit the application.
Due to the need for legal accuracy, consulting a lawyer is considered necessary.
- You can request Legal consultation at affordable prices. To help you understand the steps.
- Or appoint a specialized lawyer to file the lawsuit on your behalf, ensuring that the procedures are carried out correctly and increasing the chances of the case's success.
The wife's rights after khula in Saudi Arabia.
Although khula involves the wife waiving some of her financial rights, the Saudi system guarantees her basic rights that cannot be violated, especially those related to children. Some of the most important rights of the wife during khula include:
- Child custody:
Khula does not affect the mother's right to custody of her children, as long as she meets the conditions for custody. The best interest of the children is always the priority. - Child support:
The father remains legally and religiously obligated to provide financial support for his children, including expenses for housing, food, drink, education, and healthcare. This support is paid to the mother who has custody. - Custody residence:
If the wife is the custodian, she and her children have the right to stay in the marital home, or the father must provide them with suitable accommodation, or pay a monthly rent for their housing. - Retention of gifts:
The wife retains all the gifts given to her by the husband during the marriage, unless they are part of the agreed-upon dowry to be returned as compensation for the khula. - Proof of khula:
She is entitled to receive an official document that proves her new marital status after the khula.
The wife's right after khula focuses on ensuring. Children's stabilityPersonal financial rights, such as the waiting period (idda) maintenance and deferred dowry, are usually waived in exchange for compensation.
The husband's rights if the wife requests khula.
The Saudi system also guarantees rights for the husband to achieve balance and justice, among the most important of which are:
- Receiving compensation:
The husband's basic right is to receive the agreed-upon financial or material compensation, which is often the dowry or another amount mutually agreed upon by both parties, in exchange for his consent to terminate the marriage. - Not claiming additional financial rights:
After receiving the compensation, the wife is not entitled to claim any financial rights she waived, such as the deferred dowry (mahr) or waiting period (idda) maintenance. - The right to objection (in specific cases):
If khula cases are raised, the husband has the right to object if the reasons are illogical or if the wife breaches the conditions of the khula, such as refusing to return the agreed-upon compensation. - Parental rights:
الخلع لا يسقط حقوق الأب، ويظل له الحق في زيارة أطفاله والمشاركة في اتخاذ القرارات المتعلقة بهم وفقًا لما تقرره المحكمة، بما يحقق مصلحة الأطفال.
Reasons for rejecting a khula case in Saudi Arabia.
Some wives may be surprised by the rejection of their khula case, as not every request is automatically accepted. It is subject to the court's evaluation to ensure it meets both formal and substantive conditions. Some of the main reasons for rejecting the case include:
- Formal reasons:
The case may be rejected for procedural reasons, such as:- Filing it before an incompetent court.
- Filing it before an incompetent court.
- The plaintiff or her representative not signing the petition.
- The wife's unwillingness to return the compensation.
If the wife explicitly or implicitly declares her unwillingness or inability to return the dowry or agreed-upon compensation, the judge will reject the case, as compensation is an essential element of khula. - The wife's inability to prove her reasons (when requested).
The wife's inability to prove her reasons (when requested). - The wife’s absence from the sessions.
If the wife fails to attend court sessions without a valid excuse, the case may be dismissed or rejected. - The presence of reasons for annulling the marriage instead of khula: If the judge discovers a legitimate reason that requires the annulment of the marriage, such as a defect in the husband or his harm to the wife, the case may be converted from khula to annulment of the marriage, with the wife retaining her full financial rights.
- Malicious or unfounded claims:
If the judge finds that the case is being used to pressure the husband or does not reflect a genuine desire for separation, it will be rejected. - Compensation for khula, such as waiving children's rights:
Compensation cannot be in exchange for waiving any rights of the children, such as custody or maintenance. Any agreement of this kind is considered void and may lead to the rejection of the case.
