The Bahraini Family Law provides for the obligation of maintenance, but the question that is frequently asked is whether the Maintenance Amount After Khula in Bahrain is fixed. Or does its value vary from one case to another?
If you would like to learn more about the details and the main provisions of the law, continue reading what Bahrain Lawyer explains in this article.
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Table of Content
Maintenance Amount After Khula in Bahrain
Khula maintenance in Bahrain is cancelled once the wife requests Khula, and Bahraini law classifies Khula as an irrevocable divorce (major irrevocable divorce). This means that the wife cannot return to her husband after Khula unless through a new marriage contract.
This ruling applies equally whether the spouses follow the Sunni or Jaafari school of thought. However, there is a slight difference between them as follows:
- Sunni school: The wife cannot return to her husband after Khula under any circumstances except through a new marriage contract and a new dowry.
- Jaafari school: The wife cannot return to her husband after Khula except through a new marriage contract and a new dowry, unless the divorced wife withdraws the compensation or consideration she provided to obtain Khula and returns it to her husband.
It should be noted that the compensation paid for Khula has no connection with maintenance during the waiting period (Iddah) or Mut’ah compensation. The wife loses her right to these two types of maintenance once she chooses divorce through Khula.
Bahraini Family Law provides a clear definition of Khula in Chapter Three, specifically Article (95), which states that Khula is the wife’s request to end the marriage contract in exchange for compensation provided by her.
Article (96), paragraph one, also requires an important condition for the husband to be entitled to the Khula compensation, which is that Khula must be chosen voluntarily by the wife without harm or coercion.
The Khula compensation cannot include giving up the custody of children or any of their rights. If such a condition is included, the Khula remains valid but the condition becomes invalid. The custodian retains the right to keep custody of the children, and the father remains obligated to provide their maintenance.
Khula Law in Bahrain
Khula in the Kingdom of Bahrain is considered one of the legal methods that allows the wife to end the marital relationship under specific conditions according to the Bahraini Family Law issued by Law No. (19) of 2017.
This right allows the wife to request the termination of the marriage if the required conditions are met and she is willing to provide the husband with financial compensation known as the “Khula consideration”.
The Khula application is submitted before the competent Sharia court, where the court reviews the case to ensure that it complies with the applicable legal requirements.
The wife must agree to provide the compensation, and the Khula must be completed in accordance with the provisions of Islamic law and the Bahraini Family Law.
The Bahraini Family Law regulates Khula provisions and determines the legal effects resulting from it, including the consequences related to marital financial rights and children’s rights.
If you wish to learn more about Khula procedures and requirements, consulting a specialized lawyer can help you understand the legal position applicable to your case.
Children’s Maintenance in Case of Khula Under Bahraini Law
In the event of Khula in the Kingdom of Bahrain, the father remains legally obligated to provide maintenance for his children, even after the marital relationship between him and the mother has ended.
Children’s maintenance is an independent right that is not affected by Khula or any other method of ending the marriage.
The Maintenance Amount After Khula in Bahrain for children includes providing their essential needs, such as:
- Housing.
- Food and clothing.
- Education expenses.
- Healthcare and necessary care.
The value of children’s maintenance is determined based on the father’s financial circumstances and the needs and conditions of the children.
The competent Sharia court determines the maintenance amount while considering the best interests of the children, which remain a primary consideration in family-related judgments.
Therefore, even after Khula, the father continues to be responsible for providing the necessary maintenance for his children and covering their essential living requirements.
It is recommended to seek assistance from a specialized Maintenance Lawyer in Bahrain to handle any disputes or inquiries related to determining or enforcing maintenance.
Frequently Asked Questions
Some of the most frequently asked questions include:
How Much Is Child Maintenance After Khula?
Child maintenance varies depending on several factors. However, it must cover the children’s basic needs and should not be affected by the separation between the father and mother, whether the separation occurs through divorce or khula.
Does Maintenance End After Khula?
Yes, maintenance may end after a khula judgment when the wife waives her personal financial rights.
This concludes our article about the Maintenance Amount After Khula in Bahrain, which was a continuation of previous articles discussing the maintenance obligations imposed on the husband and the related legal procedures.
Through this article, we explained the maintenance amount, whether maintenance is cancelled after Khula, and the children’s right to maintenance.
You may also be interested in:
Is Khula a Major Irrevocable Divorce? under Bahraini law.
What Are the Conditions for Khula Before Consummation? in Bahrain.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
