Saudi Gazette report

MAKKAH — With 51 cases in the last two years, the Makkah province came first in the Kingdom in the number of khula incidents, where divorce is granted on the request of women by courts, Al-Watan newspaper reported on Monday.

Under the Islamic law, women can seek divorce through courts after returning the dowry paid to them by their husbands at the time of marriage.

The Justice Ministry’s branch in Makkah province said there was a notable rise in khula cases in the region especially in the past two years.

According to Badr Al-Shatri, a lawyer and a legal consultant, there were no khula cases in eight regions of the country. They are Asir, Tabuk, Hail, the Northern Border Province, Jazan, Najran, Al-Baha and Al-Jouf.

He noted that most husbands usually object to the khula verdicts at the Courts of Appeal but said the appeal judges often ignore their objections and approve the khula deeds.

Al-Shatri said any woman who requests khula from her husband should pay him back the amount of dowry he had paid her at the time of their marriage. “She should also abandon all her rights resulting from the marriage,” he added.

Al-Shatri said the wife should make her request for khula at the family affairs court, which will fix a date for her and her husband to attend a hearing.

He said after listening to the two parties, the court might approve the separation of the couple under the khula law.

Shatri said in its essence, a khula divorce is granted when it becomes impossible for the couple to live together and continue the married life. The lawyer believes that financial differences are the main cause for khula, followed by drug addiction by husbands.

“Men who are drug addicts tend to be violent toward their wives and this drives the women to ask for khula,” he said.

According to the ministry, there were 14 khula cases in Qassim during the last two years, 13 in Madinah and 11 in the Eastern Province.