Khula:Wife initiated divorce option for Muslims

Daily News Egypt   [ See also The Hindu]

Khula is wife-initiated divorce under Islamic law, enshrined in Egyptian law by article 20 for law 1/2000 in the family statues laws. To receive khula, a woman must renounce any financial compensation and return her dowry. It can leave many women in financial dire straits, but given divorce through a civil court can take over seven years, it is the only option for many who are severely abused and just need to get out.

Control, drug addiction, infidelity, mistreatment of children, unchecked mental disorders, physical violence, desertion, and lack of affection or attention are some of the reasons given for filing for divorce.

However, women filing for khula in Egypt predominantly have only one reason: abuse, often in connection with drug abuse and poverty. Isis Mahmoud, head of the technical secretariat department of the standing committees at the National Council for Women (NCW), said most women only file for khula if compelled.“We all thought that the issuance of khula law would result in khula suits raining all over the Family Court, but that was not the case”, he said. If a woman files a khula suit, it clearly indicates that an unbearable situation is forcing her to do so.

Khula is expensive and lawyers’ fees are out of the reach of many women in need of divorce. Many organizations and associations provide free-of-charge advocacy services, such as the ADEW and NCW. John Shenouda, an information systems official at the Ombudsman office at NCW, said the council received 258 khula complaints from 2011 to 2012.[...]

Ibrahim said that filing a standard divorce lawsuit procedure takes years until a final ruling is announced. From the initial litigation proceedings of filing the lawsuit, it can take up to two years before the court announces a ruling. If the judge’s ruling is in favour of divorce, the opponent may appeal, which can take another two years for the appeal to be announced.[...]

The legal procedures for khula, in contrast, take up to six months, or nine months if the couple has children. A woman willing to file a khula case needs to file for mediation first. The mediation offices, located at the Family Court, attempt to reconcile the married couple before referring the case to the court. The office assigns a psychological, social and a legal specialist to conduct these mediation sessions. [...]