The practice of khul in Germany: Pragmatism versus conservativism

Abstract

In this article, I examine how Muslim women who ae religiously-married in Germany might initiate no-fault divorce in the absence of a German registered civil marriage. Because there is no Muslim state authority to consult, local imams and Islamic leaders can resort to a community-led practice known as khul (divorce initiated by the woman) to dissolve an Islamic marriage (nikā) that is not recognized by civil authorities. In this article, which is the culmination of three years of fieldwork in Germany, I analyze and interpret the views and practices of two groups of religious actors - conservatives and pragmatists - towards khul in cases of nikā. I find that conservatives only permit a woman to divorce through khul with her husband's consent, whereas pragmatists use Muslim minority jurisprudence (fiqh al-aqalliyyāt al-Muslima) to argue that the husband's consent is not essential to legitimize a khul pronouncement.