Are khula' and Faskh the same?

Answer

Khula' and Faskh (annulment) are not the same. Khula' is a mutual agreement between husband and wife. If the wife wants to opt out of the marriage, but the husband refuses to issue Talaaq, then she could ask the husband to accept a sum of money in lieu of Talaaq. If the husband agrees, then she has to pay him the agreed amount, and he will have to issue Talaaq. Khula' is a bilateral contract. It cannot be unilaterally imposed on any of the parties.

Annulment is granted by the Qaadhi or a Committee of Ulama. When the wife applies for annulment, the Committee of Ulama will investigate the matter, and if there are valid Shar'i grounds for annulment, the Nikah will be annulled.