Khula in Saudi law is a separation at the wife's request, with the husband's consent, for compensation. Conditions, the iwad, Najiz steps and custody.
Short answer: Under the Saudi Personal Status Law, khula is a separation requested by the wife and agreed by the husband in return for compensation (iwad) paid by the wife or someone else. It is valid by mutual consent without a court judgment, must be documented, counts as a faskh rather than a talaq, and the compensation can never be a waiver of the children's rights or custody.
If you want to end your marriage and your husband is willing to separate if you return something to him, the legal route for that is khula. Before starting, you will want to know the conditions, whether his consent is required, what the compensation can and cannot be, and how khula is documented on Najiz. This guide explains khula as regulated by the Personal Status Law (Royal Decree M/73 dated 6/8/1443H), citing articles as published by the Bureau of Experts, without entering into jurisprudential debates. To have a specialist review your situation, speak to a personal status lawyer at Kawkaba Law.
What is khula under the Personal Status Law?
Article 76 lists the ways a marriage ends: talaq, khula, faskh, death and li'an. Article 95 of the Personal Status Law defines khula as a separation between spouses at the wife's request and with the husband's consent, in return for compensation paid by the wife or another person. Three elements follow: the wife's request, the husband's consent, and compensation.
What are the conditions of khula?
Request and consent: Article 96 says khula is valid by the mutual consent of spouses with full legal capacity, without the need for a court judgment.
Compensation is essential: under Article 99, khula without compensation is not khula, and the rules of talaq apply instead.
Compensation must be property, not children's rights: anything that counts as property can be compensation, but it may not be the waiver of any right of the children or of custody (Article 100).
Wording: any words indicating separation, spoken or written, or an understandable gesture if neither is possible (Article 97). Unlike talaq, khula is valid whatever the wife's state, including during menstruation (Article 98).
Documentation: khula must be documented by the spouses or one of them, and anyone with an interest may ask to prove it (Article 102).
What is the compensation, and must it be the dowry?
It need not be the dowry; the spouses agree on it. If they do agree that the dowry is the compensation, Article 101 limits it to returning what was actually received; any unpaid portion, even if deferred, falls away.
Illustrative example: a wife received part of her dowry at the contract and part was deferred. If the dowry is the agreed compensation, she returns only what she received, and can no longer claim the deferred part.
Another illustrative example: if a husband asks the wife to give up the children's maintenance in exchange for agreeing to khula, that cannot be valid compensation under Article 100, because maintenance belongs to the children.
Is the husband's consent required?
According to the text of the law, yes: Article 95 defines khula as a separation with the husband's consent, and Article 96 bases it on mutual agreement. If he refuses, the route the law sets out for the wife is a court claim for faskh where a ground exists, such as proven harm (Article 108), ongoing discord with arbitration that may end in separation with or without compensation not exceeding the dowry (Articles 109–111), or a request before consummation where the husband refuses talaq or khula and she returns the dowry received (Article 112). Article 103 treats every separation by court judgment as a faskh. See marriage annulment in Saudi Arabia.
How is khula documented on Najiz?
Najiz offers a Khula Documentation service that issues an official khula document. Log in with Nafath, choose All E-Services, then the Social Status package, open Khula Documentation and start the service. Enter the applicant's capacity and the required data (husband and wife, the marriage contract and any revocation, the khula details and place), attach the documents and submit; you receive a text message with the request number. The service page lists an execution time of three working days, channels of the Najiz platform and Najiz centres, and the 1950 helpline. That time applies to the documentation service only, not to any court case. Where there is a dispute, the claim is filed through the Statement of Claim service; our guide on writing a statement of claim may help.
Khula vs talaq vs faskh
Talaq is the husband's act (Article 77), needs no compensation and counts toward the three talaqs. Khula needs the wife's request, the husband's consent and compensation, and does not count toward the three talaqs (Article 97). Faskh is a court judgment (Article 103), with compensation only in specific cases (Articles 28, 111, 112), and also does not count. Khula and faskh are both a minor irrevocable separation: the spouses can only reunite with a new contract and dowry (Article 85).
Is there an iddah after khula?
Yes, if the marriage was consummated or there was valid seclusion (Article 117). It starts from the moment the khula takes effect (Article 118), unlike a judicial faskh, which starts from the judgment date. It lasts three menstrual cycles, or three months for a woman who does not menstruate (Article 121), and ends with delivery for a pregnant woman (Article 120).
Effect on custody and maintenance
Khula does not remove the mother's custody, and custody can never be the compensation (Article 100). After separation, custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, unless the court decides otherwise in the child's interest (Article 127); see child custody after divorce. The father must maintain a child without means (Article 58). As khula is irrevocable, the wife is not entitled to maintenance during the iddah unless pregnant (Article 53).
FAQ
Does khula need a court judgment?
No, if both spouses with full capacity agree (Article 96), but it must be documented (Article 102), which is done through Najiz.
Can khula be without compensation?
No. Without compensation it is treated as a talaq (Article 99).
Can the spouses reunite?
Yes, with a new contract and dowry; khula does not count as a talaq.
What if my husband refuses?
Khula rests on his consent. If he refuses, the available route is a faskh claim in court on a legal ground, and the court decides on the evidence.
Want your situation reviewed?
One of our licensed lawyers can review your situation, explain whether khula or a faskh claim fits better, help you draft a compensation agreement that protects your children's rights, and assist with documentation or a court claim if there is a dispute. We are based in Jeddah and serve clients across Saudi Arabia in person and remotely.
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This article is general information, not legal advice for a specific case. Outcomes depend on the facts, documents and the court's assessment.
