Objectives: The purpose of this research is to clarify the legal position of judicial khul' and its application within the Sharia courts in Palestine especially in the Palestinian Authority areas.

Method: This research followed the descriptive approach, using the inductive and deductive methods.

Results: Islamic law has allowed for the dissolution of the marital bond; in the event the continuation of the marital life becomes impossible or where it encounters significant obstacles. Both spouses are granted the right to terminate this relationship; the husband has the right to initiate a divorce (Talaq), and on the other hand, the wife has the right to seek the dissolution of the marital bond through khul' or other legitimate reasons that hinder the marital relationship. It is not necessary for the reason for khul' to be severe harm to the wife, absence, or non-support. These reasons give the wife the right to terminate the marital bond by filing for divorce from the court without the husband's consent and without paying him any financial compensation.  

Conclusion: The research concluded that the family and social interest requires defining this right, and setting controls for its implementation, based on the principles of Islamic jurisprudence and the laws prevailing in Palestine and some Arab countries.

Title

Journal of Posthumanism

Publisher

Journal of Posthumanism

Publisher Country

United Kingdom

Indexing

Scopus

Impact Factor

0.31

Publication Type

Both (Printed and Online)

Volume

--

Year

2025

Pages

20