I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner if I remain with him."
This can effectively constrain her from seeking khulʿ because they have no means to support themselves financially with the loss of their mahr and other wedding “gifts.”[8] Most schools agree that husband's agreement is essential to the granting of divorce, unless there are extenuating circumstances.
In addition, if a husband cannot provide his wife with basic marital obligations, such as shelter or maintenance, a woman may be granted khulʿ.
[10] The details of laws of khulʿ in particular cannot be found in the Qur'an directly, so a Sharia court judge must refer to Hadith and precedent in deciding what are valid reasons for divorce.
[11] Views on role of the court and judge varies across schools, depending on whether or not the divorce is considered a type of talaq (husband's repudiation of the marriage) or judicial annulment.
This process of judicial annulment is also commonly referred to as faskh, which typically occurs when the husband refuses to consent to the wife's decision to divorce.
[16] The Islamic khulʿ procedure has also been used by some Egyptian Christian women to obtain a no-fault divorce, and it is considered by some as an opportunity for their empowerment vis-à-vis patriarchical institutions.
A Kerala High Court judgement of 2022 had ruled that the consent of the Husband is not needed for the Khul' procedure, essentially turning it into a unilateral process.
In Jordan, courts saw an exponential increase in khulʿ cases after a law change that allowed a woman to end her marriage by returning her mahr and without proving fault.
Religious divorce is sought out as "a meaningful personal and spiritual process" that is attained in addition to (not as a substitute) to a civil decree.
Another important issue that arises in North America is that many women are unaware of their Islamic right to seek khulʿ.
[25] The Dissolution of Muslim Marriage Act allowed judicial khula without the husband's consent and was later extended to include no fault divorce if the wife agrees to forfeit her financial rights.
While domestic violence is considered a sufficient reason for divorce, it is against the law in Yemen for husbands to physically or psychologically harm their wives.