Introduction

Khula is an Islamic mechanism allowing a wife to dissolve her marriage in exchange for compensation. Khula remains defined as a divorce initiated by the wife in exchange for compensation paid to the husband. It has long been recognized under UAE Personal Status Law. Historically, khula required the husband’s consent, making it a contractual form of divorce. However, with the issuance of Federal Decree‑Law No. 41 of 2024, effective 15 April 2025, the UAE has introduced major reforms that significantly reshape the legal landscape of marital dissolution, including khula. These reforms strengthen judicial oversight, expand women’s access to divorce, and modernize family law in line with the UAE’s broaderlegislative transformation.

Legal Basis for Khula in the UAE

Pre‑2025 Legal Framework

Before the 2024 decree, khula was governed by Federal Law No. 28 of 2005 (Personal Status Law). The key features included:

  1. Khula was a contractual divorce requiring mutual consent.
  2. The wife typically returned the mahr (dowry) or provided compensation.
  3. Courts could intervene only in limited circumstances when the husband refused without justification.

Federal Decree‑Law No. 41 of 2024 (Effective 15 April 2025)

The law introduces major reforms, particularly:

  1. Judicial Khula Without Husband’s Consent: Courts may now grant khula even if the husband refuses, provided the wife returns the mahr or compensation deemed appropriate.
  2. Expanded Judicial Authority: Judges may dissolve the marriage if continuation would cause harm or if the marital relationship has irretrievably broken down.
  3. Efficient Procedures: The law aims to reduce delays and prevent husbands from obstructing the wife’s right to exit the marriage.

These changes mark a shift from a contractual model to a right‑based judicial model, bring into line UAE law with modern interpretations of Islamic jurisprudence.

Nature and Legal Character of Khula

Irrevocability

Khula is an irrevocable divorce (ba’in). Once granted, the marriage cannot be reinstated except through a new marriage contract.

Compensation

Compensation typically includes:

  1. Return of the mahr (prompt or deferred)
  2. Waiver of certain marital rights (depending on agreement or judicial order)

Courts ensure compensation is proportionate and not exploitative.

Procedural Steps for Khula After the 2025 Reforms

Family Guidance or Conciliation

The process begins with a mandatory family guidance session:

  1. Conducted by the Family Guidance Section of the court.
  2. Aims to reconcile the parties.
  3. If reconciliation fails, a no‑objection certificate is issued.
  4. Under new law, the wife may file the petition directly at court, and the court may refer to conciliation.

Filing the Khula Petition

The wife files a petition before the Personal Status Court, along with marriage certificate, Emirates ID/passport copies, Evidence of mahr amount and the proposed compensation. The petition should state reasons for filing the petition.

Husband’s Response

Under the new law:

  1. The husband may accept the khula and compensation.
  2. If he refuses without valid justification, the court may grant judicial khula

Judicial Khula (Without Consent)

This is the most significant reform:

  1. Courts may dissolve the marriage unilaterally if the wife proves she cannot continue the marriage.
  2. The court determines fair compensation.
  3. The husband’s refusal no longer blocks the process.

Issuance of Judgment

Once the court is satisfied:

  1. A final, irrevocable divorce judgment (Divorce Certificate) is issued.
  2. The wife enters the iddah period (typically three menstrual cycles).

Financial and Custodial Implications

In Khula, certain financial adjustments may take place between the spouses. The wife may be required to return the mahr (dower) received at the time of marriage. She may also waive her right to claim the deferred mahr if it has not yet been paid. In some cases, the wife may further waive her entitlement to spousal maintenance during the iddah period, depending on the agreement between the parties.

However, Khula does not affect the rights related to the children. The wife does not waive child maintenance, child housing allowance (which may vary by emirate), or custody rights, as these rights are protected and determined based on the best interests of the child.

Impact of the 2025 Reforms on Khula Practice

These reforms have significantly improved women’s access to Khula by removing the husband’s veto power, allowing women to directly approach the court for judicial Khula and protecting them from unreasonable refusal. These changes also aim to reduce litigation delays by preventing husbands from prolonging proceedings, easing the backlog in Personal Status Courts, and encouraging amicable settlements between parties. Furthermore, the reforms align UAE family law with modern interpretations of Sharia, international standards on women’s rights, and the UAE’s broader legislative modernization agenda.

Conclusion

Khula in UAE has undergone significant transformation with the implementation of Federal Decree‑Law No. 41 of 2024. This shift from a consent‑based to a judicially enforceable mechanism marks a major milestone in the UAE’s family law evolution. Women now have greater autonomy, courts have enhanced authority, and the legal system is better equipped to ensure fairness, efficiency, and protection of family rights.

Our team at Ayesha Al Dhaheri Advocates and Legal Consultants, forms the best family lawyers in UAE with a proven record of successes in handling family matters in the personal status courts of different emirates including, but not limited to, divorce matters, restitution of conjugal rights, maintenance for the spouse and children, custody of the minors, compensation consequent to the unilateral divorce, succession and inheritance matters. Our firm is ready to provide clear guidance and professional legal support.