What is the difference between talaq, khula, and faskh?
Answered by
Quran 2:229, 2:231. Ibn Qudamah, Al-Mughni. Shariah Council UK
"Talaq," "Khul," and "Faskh" are three different ways a Muslim marriage can end, each with its own conditions and who initiates it. Talaq is the husband's right. He pronounces divorce unilaterally without needing his wife's agreement or a court's involvement. Khul is the wife's right. She initiates separation by returning her mahr to the husband. His acceptance or a Shariah Council ruling completes it. Faskh is a judicial dissolution. A Shariah Council or Islamic judge annuls the marriage due to valid grounds, harm, abandonment, impotence, or failure to provide. The wife does not need to return her mahr in most faskh cases. Simply put, talaq is his hand, khul is her hand, and faskh is the judge's hand.