THE TRUE MEANING OF KHUL’A

Khul`a, Mubara’h and Talaq in lieu of money all are contracts for a counter value depending upon the consent of the parties. The consent is expressed through offer and acceptance. According to most jurists, the contract takes effect even if the parties do not appear before a qadi. It is, however, common practice now to appear before the court for affirmation. All these contracts result in a single irrevocable divorce. From the perspective of the husband these are contracts contingent upon acceptance by the woman. The session of the contract is session of the woman, thus, an offer made by the husband is not terminated if he moves away from the session prior to acceptance by the woman. The session of the woman begins when the offer reaches her. The position is reversed where the offer is made by the woman.