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The question

What is the difference between divorce (talaq) and khul' (judicial divorce initiated by the wife)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce () is derived from "itlaq" (to release), and it signifies the dissolution of the marriage bond. It can be revocable (raj'i), where the husband has the right to take his wife back as long as she is within her waiting period ('), or irrevocable (ba'in), where the husband does not have the right to take her back.

Khul' is derived from "khala'a" (to remove or take off something), and it signifies a man separating from his wife in exchange for compensation, as Allah Almighty says: "They are a garment for you, and you are a garment for them" (2:187).

The difference between them is that divorce (talaq) is a separation without compensation, and the husband has the right to take his wife back unless the divorced woman has exited her waiting period or he has divorced her three times. As for khul', it is the dissolution of the marital bond in exchange for compensation, and it is an irrevocable divorce where the husband cannot take his wife back except with her consent, the consent of her guardian, two witnesses, and a new dowry.

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Ftawy
Original fatwa ID
44135
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