..::Khula'—Meaning under Muslim Family Laws

  • ..posted by Pakistani Law Firm..Free Legal Advice
  • Principle of Khula’ in the light of dictates of Holy Qur’an and Sunnah, was to the effect that when married parties disagreed and were apprehensive that they could not observe the bonds prescribed by Divine law, woman could release herself from marital tie by giving up some property in return in consideration of which husband was to give her Khula’ and when they had done that, ‘Talaqul Ba’ayen’ would take place—
  • Khula’ was a repudiation with consent and at the, instance of wife in which she would agree to give a consideration to husband for her release from marital tie—
  • In case of divorce through Khula’ it was not obligatory on wife to re-marry a third person before re-marrying with her first husband—Re-marriage with same husband, of course, would be subject to performance of another Nikah—Provisions of S.7(6) of Muslim Family Laws Ordinance, 1961, however, also allowed such re-union without ‘Halala’—

No restraint existed, in circumstances, either in Muslim Family Laws Ordinance, 1961 or in Injunctions of Qur’an and Sunnah not to allow prayer of husband for re-union with his wife when she was ready to live again as wife within limits of God.

5 comments on “..::Khula'—Meaning under Muslim Family Laws

  1. My marriage is not consummated after nikaah and I want a khula from my the man on the grounds that I was influenced by my parents and I am not willing to pursue this marriage as I am mentally not prepared to accept him as my husband. My mehar is 50,000 rps and so far the guy and his family has given us nothing on the nikaah ceremony except a gold ring. I dont have the right to divorce it is set with the guy only. In this scenario can I easily get a khula from the court and how long will be the process of getting it?

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    • yes you can take khula but you have to pay back the mehar amount received and other property taken at the time of marriage.
      if some professional lawyer pursue the case it takes aprox 2 to 3 months.

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  2. I shall be obliged if you could comment upon the legality of Khula granted by a court without hearing the the husband who had not received any notice, either by design on the part of the wife or by chance, served by the court to appear before it.
    Thanking you.

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      • your children are of very tender age so the mother will keep their custody (Hizanat) subject to your right of meeting with children. you will also pay maintenance to your children. yes you can ask for their custody but you have to prove that the environment of the mother’s home is not good for children, it will affect their physical upbringing and mental training and it is in the welfare of the minors that they should reside with the father.

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