The Foundational Case
Habiba bint Sahl (or, in some versions, Jamila bint Abdallah) was married to Thabit ibn Qays ibn Shamas. She came to the Prophet and said: “O Messenger of God, I have no complaint against Thabit in his character or his religion. I simply dislike the idea of returning to kufr after Islam [i.e., ingratitude to God by failing in my duties to a husband I cannot love].”
The Prophet asked her about the garden (the mahr — bridal gift) Thabit had given her. She said she would return it. The Prophet told Thabit to take back the garden and divorce her — and he did. This case is the classical proof-text for khul’.
Conditions and Process
The wife’s position: She may initiate khul’ when the marriage has become intolerable — even if the husband has done nothing wrong. The classical tradition recognized that forced cohabitation was itself harmful.
Compensation: The standard is return of the mahr. Schools differ on whether more than the mahr can be demanded from her — the majority say the husband cannot take more than he gave.
Husband’s consent requirement: Most schools require the husband’s agreement (making khul’ technically a mutual dissolution). The Maliki school is most protective of the wife’s right in allowing a judge to grant dissolution even without the husband’s agreement.
Judicial involvement: Where the husband refuses, courts in most Muslim-majority jurisdictions now recognize judicial khul’ — dissolution granted by a judge with mahr return, without requiring the husband’s explicit agreement.
The Waiting Period
After khul’, the wife observes idda (waiting period) of one menstrual cycle (per the majority) rather than the three cycles required after talaq — since khul’ is initiated by the wife and the purpose of idda (confirming pregnancy, giving the husband opportunity to revoke) applies differently.
See also: Fiqh Al Ahwal Al Shakhsiyya, Fiqh Al Nikah Al Fasid, Fiqh Al Madhab Al Maliki, Fiqh Al Wasatiyyah, Fiqh Adl Wa Ihsan