Khula vs Talaq in Islam: What is the difference between them?

Amidst rumours of his divorce from his second wife and ace Indian tennis star Sania Mirza, former Pakistan cricket team captain Shoaib Mallik announced his wedding with Pakistani TV actress Sana Javed on January 20, 2024, on social media. The announcement by the new couple, Shoaib and Sana, took everyone by surprise and social media was abuzz with the news. This is Shoaib Mallik's, 41, third marriage. He was earlier married to Ayesha Siddiqui (2002 to 2010), followed by Sania Mirza (2010 to 2023).

​Read more details about his past relationships here ​

Photo: Shoaib Mallik/ Instagram

Following the news of Shoaib's third marriage with Sana Javed, Sania's father told news agency PTI that Sania had given Shoaib a unilateral divorce. "It was a 'khula'," he told PTI. A few hours later, Sania Mirza's family also shared a public statement in which they revealed that Sania and Shoaib were divorced a few months ago. A statement by the Mirza Family and Team Sania read, "Sania has always kept her personal life away from the public eye. However, today the need has arisen for her to share that Shoaib and she have been divorced for a few months now. She wishes Shoaib well for his new journey ahead!"

Photo: Agencies

As per Islamic laws, a couple can obtain a divorce from each other either by the process of 'Talaq' or 'Khula'. However, these are two different procedures. 'Khula' refers to the right of a Muslim woman to give a divorce to her husband unilaterally, according to reports. A Muslim woman is given this power to safeguard her rights. For initiating a Khula, a married Muslim woman needs to formally request a court for it by citing a valid reason like neglect or incompatibility with her husband. There are also chances for a woman to return the 'Mehr' or have a financial settlement with the husband to end their marriage.

After a 'Khula' is finalised, the husband has to financially support their child's education and other needs.

It is noted that Sania and Shoaib were married in 2010 and they were blessed with a son, named Izaah Mirza Mallik, in 2018.

Photo: Pinterest

Whereas in Talaq, a Muslim man initiates divorce from his wife by pronouncing the word 'Talaq', thus terminating the marriage with immediate effect. But unlike Khula wherein a Muslim woman needs to formally give a reason for the divorce, in Talaq a Muslim man can divorce his wife with or without any cause, and there is no specific procedure for it.

After taking a 'Talaq', a Muslim man has to repay his former wife her dowry and property, if any, owned by her.

Photo: Canva

It is noted that on August 22, 2017, in a landmark judgment, the Supreme Court (SC) of India declared that Triple Talaq is unconstitutional in India. The SC stated that Triple Talaq violated Muslim women's fundamental rights and it gave Muslim men an unequal right to divorce their wives by simply saying "talaq" three times, regardless of the wife's consent.

Photo: Canva

Sania Mirza is one of India's most celebrated tennis players. She retired from professional tennis in 2023 after having an illustrious career of over 20 years. During this time, she won one singles trophy, 43 WTA doubles titles, and six Grand Slam titles.

Photo: Sania Mirza