Difference between a Khula divorce and a Mubara’at divorce

The difference between a khula divorce and a mubara’at divorce is that in khula the wife desires the divorce and initiates it, while in mubara’at both spouses desire the separation. Mulla, p. 265. The Hanafi school believes that all adult females have the exclusive right to enter into a khula. Ameer Ali, p. 469. ‘Wife’s right to khula is parallel to the man’s right of talaq. Like the latter the former too is unconditional. It is indeed a mockery of the Shariat that we regard khula as something depending either on the consent of the husband or on the verdict of the qazi. The law of Islam is not responsible for the way Muslim women are being denied their right in this respect.’ Syed Abdul A’la Maududi, in Huquq-uz-Zaujain, 9th ed., Lahore 1964 pp 61, 77-79, translated from Urdu in The Muslim Law of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New Delhi (2002), p. 99.

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