Is divorce (*khul'*) valid when executed by non-Muslims (infidels)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

Divorce (*khul'*) executed by non-Muslims, whether they are people of protection (*Ahl al-Dhimma*) or people of war (*Ahl al-Harb*), is valid. This is because whoever possesses the right to divorce also possesses the right to contract concerning it, similar to a Muslim. If they contract a valid exchange, and then both embrace Islam and present the case to a judge, the judge enforces the ruling upon them as if they were Muslims.