Khul’ under the Saudi Personal Status Law: Definition, Rules on Compensation, Proof via Najiz, and What Happens If the Husband Does Not Agree

What is khul’ under the Personal Status Law?

Khul’ is a separation between spouses at the wife’s request and with the husband’s consent, in exchange for compensation paid by the wife or another person. This definition is set out in Article 95 of the Personal Status Law, issued by Royal Decree No. (M/73) dated 6/8/1443H and in force ninety days after its publication. The khul’ provisions sit in the chapter on separation between spouses, alongside divorce and annulment of the marriage contract.

The meaning of khul’ becomes clear when compared with the other two forms. Divorce occurs at the husband’s will, and annulment is issued by a court judgment for a reason recognized by the law, as Article 103 provides that every separation by court judgment is deemed an annulment. Khul’, by contrast, begins with the wife’s request, is completed with the husband’s consent, and is based on compensation. For a broader picture of family law rules, see our guide to the Personal Status Law and its key practical rules.

What are the conditions for a valid khul’?

Khul’ is valid when agreed by spouses of full legal capacity, without the need for a court judgment, under Article 96. Complementary provisions in the law include:

• Khul’ takes effect by any word, writing or equivalent that indicates separation, and it is deemed an annulment that does not count toward the three divorces (Article 97).
• Khul’ is valid whatever the wife’s condition, including during menstruation and postpartum bleeding (Article 98).
• There is no khul’ without compensation; if separation occurs without compensation, the divorce rules apply (Article 99).
• Khul’ must be notarized, and either spouse or any interested party may request that it be proven by means of evidence (Article 102).

What matters, then, are two things: the valid consent of both parties, and agreed compensation. If either is lacking, the statutory path changes, as the following sections explain.

What is the compensation in khul’? And must the full dowry be returned?

Compensation is what the wife or another person pays in exchange for khul’, and it need not be the full dowry; as a rule, it is whatever the parties agree on. Article 100 permits the compensation to be anything that may validly be undertaken under Sharia, but prohibits it from being the waiver of any of the children’s rights or of their custody. It is not valid, for example, to require the mother to give up custody or the children’s maintenance in exchange for khul’.

If it is agreed that the compensation will be the dowry, Article 101 addresses this situation: the wife is obliged to return only what she has received of it, and the remainder is waived even if deferred. Where the court resorts to arbitrators, Article 111 provides that the compensation paid by the wife may not exceed the dowry.

In practice, it is advisable to set out the compensation in writing, stating its amount or description, the method and date of payment, and expressly stating what happens to the deferred dowry, to avoid any later dispute.

How is a consensual khul’ proven via Najiz?

If the husband agrees to the khul’, no lawsuit is needed; the khul’ is proven by notarization. In March 2024, the Ministry of Justice changed khul’ request procedures from a lawsuit to proof through notarization when the spouses agree, applying Article 96 of the law. This is done electronically through Najiz, with general steps along these lines:

• Logging in to Najiz through National Single Sign-On.
• Selecting the service for proving khul’ under personal status or notarization services, as shown on the platform.
• Entering the spouses’ details and the marriage contract, and stating the agreed compensation.
• The husband consents to the request through the mechanism available in the service.
• The khul’ certificate is issued after the procedure is completed and reviewed.

Before starting, prepare: both parties’ national IDs, the marriage contract, a statement of the compensation and what happens to the deferred dowry, and the children’s details, if any. Service names and details on the platform may change, so the reference is what Najiz shows at the time of submission.

What happens if the husband refuses khul’?

If the husband does not consent, the request is referred to the competent court for review, namely the Personal Status Court, or the General Court where there is no Personal Status Court, pursuant to Article 33 of the Law of Sharia Procedure. The matter does not end with the refusal; the Personal Status Law sets out a path for cases in which the dispute continues:

• If no harm is proven that makes it impossible to continue the marital relationship on fair terms, and the discord persists and reconciliation proves impossible, two arbitrators are appointed: each spouse chooses an arbitrator from among his or her family or others within the period set by the court, and if they fail to do so, the court appoints them (Article 109).
• The two arbitrators hear both spouses, examine the causes of the dispute and seek reconciliation, and the refusal of either spouse to cooperate does not halt their work (Article 110).
• If the arbitrators are unable to reconcile the spouses, they decide on the separation they consider appropriate, with or without compensation, provided that what the wife pays does not exceed the dower, and they submit their report to the court (Article 111).
• If the wife requests separation before consummation or valid seclusion and the husband refuses divorce or khul’, the court rules for annulment under the conditions set out in Article 112.

This situation differs from a request for annulment on a ground recognized by law, such as failure to provide maintenance or proven harm, as each has its own conditions and effects on the dower. The facts and documents therefore determine the correct characterization of the request. Settlement may be pursued before or during litigation; read about settlement and mediation in disputes.

What are the effects of khul’ on the spouses, and what is the iddah of a woman after khul’?

Khul’ is considered an annulment of the marriage contract, so it is not counted among the three divorces, and the separation it produces is irrevocable (ba’in), pursuant to Article 97. In practical terms, the spouses can only reunite through a new contract and a new dower with their mutual consent.

An iddah (waiting period) is required after khul’ under Article 117 and begins from the date it takes effect, whereas the iddah for a separation by court judgment begins from the date of the judgment (Article 118). The law does not assign a separate period to a woman after khul’, so the general rules apply:

• A woman who is not pregnant and menstruates: three menstrual cycles (Article 121).
• A woman who does not menstruate due to young or old age or other reasons: three months, under the same article.
• A pregnant woman: her iddah ends upon delivery (Article 120).

Does khul’ affect custody and child maintenance?

Khul’ does not affect the children’s rights; Article 100 prohibits the compensation from consisting of waiving any of their rights or their custody. Custody remains subject to its own rules in the law, based on the order of custodians and the best interests of the child. Child maintenance also remains the father’s obligation under Article 58 whenever its conditions are met.

It is therefore advisable to separate the khul’ file from the children’s file during negotiations: agree on the khul’ compensation, and arrange custody, visitation and maintenance through a separate agreement that takes the children’s interests into account, or have the court decide in case of dispute. For details, read the guide to custody and maintenance in Saudi law.

How should you prepare before requesting khul’?

Khul’ is a sensitive personal decision, and calm preparation reduces conflict and protects the rights of both parties and the children. Practical steps include:

• Gathering the marriage contract and proof of the dower received and the deferred dower.
• Clearly specifying the proposed compensation, the method of payment, and what happens to the deferred dower.
• Preparing the children’s birth certificates and documents relating to their schooling and expenses, if there are children.
• Keeping any written agreement or correspondence concerning the compensation or arrangements for the children.
• Verifying the account details in Nafath before using Najiz.

If the request moves to court, many procedures can be followed electronically; read about electronic litigation and video hearings. A confidential consultation can be requested to review the documents and draft the request under the personal status and inheritance service.

Frequently asked questions

Does khul’ require a court judgment?

No, if both spouses agree to it and have full legal capacity, Article 96 of the Personal Status Law validates it without the need for a court judgment, and it is recorded through notarization on Najiz. If the husband does not consent, however, the request is referred to the competent court for review.

Must the wife return the full dower in khul’?

Not necessarily; the compensation is whatever the parties agree on that may validly be undertaken. If the compensation is the dower, the wife returns only what she received and the remainder lapses even if deferred, and if the arbitrators separate the spouses for compensation, it may not exceed the dower.

Is khul’ counted as a divorce?

No, khul’ is considered an annulment of the marriage contract and is not counted among the three divorces, and the separation it produces is irrevocable under Article 97, so the spouses can only reunite through a new contract and a new dower.

What is the iddah of a woman after khul’ under Saudi law?

The general iddah rules apply: three menstrual cycles for a woman who menstruates, three months for a woman who does not, and delivery for a pregnant woman. It begins from the date of the khul’, or from the date of the judgment if the separation is by court judgment.

Does the mother lose custody if she requests khul’?

No, khul’ does not in itself affect custody, and the compensation may not consist of waiving custody or any of the children’s rights. Custody is governed by its own rules and the best interests of the child.

Is it necessary to appoint a divorce or personal status lawyer for khul’?

It is not legally required; the wife may submit the request herself through Najiz. Some people turn to a lawyer when there is a dispute over the compensation or when the request is referred to court, in which case a valid power of attorney including the required powers is needed.