How does khula work in Qatar?

What is khula, and who can ask for it?

Khula is the legal route by which a wife ends the marriage by giving her husband compensation. Article 118 of the Family Law, issued by Law No. 22 of 2006, defines it as ending the marriage contract by mutual consent, using the word khula or a word with the same meaning, in return for compensation paid by the wife. Unlike a talaq, it is not tied to a particular point in the wife's monthly cycle, and the law classes it as a faskh (an annulment), not a talaq.

• The wife asks for it, because she is the one who pays the compensation. It happens by agreement with the husband, or by court judgment if he does not agree (Articles 118 and 122).
• For a valid khula, the wife must have the legal capacity to give the compensation, and the husband must have the capacity to divorce (Article 119), meaning he is sane and acting by choice (Article 110).
• Article 122 does not list proof of harm among the conditions for a khula ordered by the court. Its conditions are a failed reconciliation, the wife's waiver of her lawful financial rights, and the return of the dower.
• If the marriage was never consummated, Article 136 offers a similar route. The wife gives back her dower and any money she received and waives her financial rights. If the husband refuses without an acceptable reason and reconciliation fails, the judge orders separation on that basis.

The Family Law applies to people who follow the Hanbali school, and to others who ask for it or who differ in religion or school. Non-Muslims follow their own rules (Article 4). Our guide to divorce for residents of Qatar explains how this works in practice.

What does the wife give back?

In an agreed khula, the spouses decide the compensation between them. When the husband does not agree and the court orders the separation, the law sets what the wife gives: she waives all her lawful financial rights and returns the dower he gave her (Article 122).

• The compensation can never be giving up custody of the children, or any of their rights (Article 120).
• Where the khula is in return for money paid by the wife, the money must be received before the court rules (Article 104).
• The dower belongs to the wife (Article 38), and any deferred part falls due when the marriage ends in a final separation (Article 39). A khula agreement should say clearly what happens to the deferred dower.

How does khula go through the court?

The route depends on whether the husband agrees: an agreement that is documented, or a case before the Family Court.

1. 1

   If both spouses agree on the khula and the compensation, the Supreme Judiciary Council's Family Documentation Department has an online service that issues a khula document. It has its own requirements and attachments.

2. 2

   If the husband does not agree, the request for khula is made in a family case through the courts' e-services portal. Our divorce guide explains how to register a case.

3. 3

   The court tries to reconcile the spouses and appoints two arbitrators, who have up to six months to work towards a reconciliation (Article 122).

4. 4

   While the case is pending, the judge orders the temporary measures needed for the maintenance of the wife and children, custody and visits (Article 102).

5. 5

   If the arbitrators do not reach a reconciliation, and the wife asks for khula in return for waiving all her lawful financial rights and returning the dower, the court orders separation (Article 122).

6. 6

   Any money due is paid before the judgment (Article 104). The judgment can be challenged in the ways and within the deadlines the law sets.

The court must try reconciliation before it orders a khula without the husband's consent. The six months in Article 122 is a maximum for the arbitrators' work, not a period that must always run in full.

What happens after a khula: waiting period, children and maintenance?

Khula is a faskh (Article 118). A faskh is a final separation: the husband cannot take his wife back during the waiting period as he could after a revocable talaq, and it does not count towards the number of talaqs (Article 105).

The waiting period starts when the separation happens. For a separation by court judgment, it starts on the date the judgment becomes final (Article 157). Months and years in the Family Law are counted in the Hijri calendar (Article 1).

• Children: the khula compensation can never touch custody or any of the children's rights (Article 120). When parents separate, the mother has the first right to custody of a young child, unless the judge decides otherwise for the child's sake (Article 166). Our custody guide covers the rest.
• Children's maintenance: a father must maintain a young child who has no money of their own, under the conditions in Article 75.
• Maintenance during the waiting period: a woman in her iddah after a talaq or a faskh is entitled to it, unless the faskh was caused by her (Article 70). In a khula ordered by the court, the wife waives all her lawful financial rights (Article 122). Ask how this applies to you before you agree anything.
• Mut'ah compensation: Article 115 ties it to a talaq caused by the husband.

How is khula different from judicial divorce (tatleeq)?

Both end the marriage, and every separation by court judgment counts as a faskh (Article 105). The difference lies in the basis and the money, as the table shows.

Which route fits depends on the facts of each case and on what can be proved.

When should you speak to a lawyer?

Khula can be simple when both spouses agree. Early legal advice can still help when:

• The husband does not agree to the khula, or the spouses disagree about the compensation.
• You are not sure which financial rights a waiver would cover, such as a deferred dower or maintenance during the waiting period.
• You have children and want clear arrangements for custody, maintenance, visits and travel.
• You have received a khula request, or notice of a khula case.
• You and your spouse have different nationalities, religions or schools of law, or you married outside Qatar.
• Your residence in Qatar depends on your spouse.
• You feel unsafe at home. Your safety comes first: call the emergency number, 999.

Questions people ask