What is the ruling on a khulʿ initiated by Sharia courts without the husband's consent, and does it take effect or not, especially if the court stated in its reasoning that the husband did not object, uttered the khulʿ, and received the compensation, then issued another ruling stating that the husband did not consent, did not utter the khulʿ, and did not receive the compensation?
The fundamental principle is that Khul' (divorce at the wife's instance) is not permissible without the consent of both spouses. However, this principle may be deviated from if discord arises between the spouses and reconciliation becomes impossible. In such a case, two arbitrators are appointed from their families. They have the authority to separate the couple, either through Khul' or Talaq (repudiation), depending on the situation. Their judgment is binding, even if the spouses and the judge do not approve.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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