..::What is concept of KHULA Divorce in ISLAM?

…posted by Pakistani Law Firm…Get Free Legal Advice

A Woman, Under Islamic law of KHULA, may initiate a divorce against her husband as follows: Khula’ is when wife has a dislike for her husband and ASKS HIM to divorce her in exchange of a sum, or all or part of her MAHR. In such a case, when the husband agrees to divorce, he forfeits the power of revocation, except when the wife agrees to take back the money or ransom she gave. It is not permissible for a woman to seek divorce from her husband unless she has borne ill-treatment from him or unless she has an acceptable reason which requires their separation. Said the Prophet, “If any woman asks her husband for a divorce without some strong reason, the fragrance of the Garden will be forbidden to her.” Mubaraat is when dislike is mutual, and in this case also the wife has to pay some ransom to the husband. However, the ransom paid in the case of Mubaraat should not exceed the Mahr. This divorce is also absolute. If the husband himself wishes to pronounce the formula of Khula’ divorce and his wife’s name is, say, Fatima, he should say after receiving the property: “Zawjati Fatimatu Khala’tuha ‘ala ma bazalat” and should also say as a recommended precaution: “Hiya Taliq” i.e. “I have given Khula’ divorce to my wife Fatima in lieu of what she has given me, and she is free’. And if the wife is identified, it is not necessary to mention her name in Talaqul Khula’ and also in Mubarat Divorce. Under Khula – Judges, in Egypt, for example, give the couple three months to try to effect a reconciliation and six months if they have children. An immediate divorce will be granted at the end of the trial period if they don’t change their minds. Scholars admit that under laws of Khula – only rich women would risk losing dowry or alimony; for the poor – the law means very little. However, it’s a step in the right direction! When Morocco put forth proposals to ban polygamy, raise the legal age for marriage from 14 to 18 and allow women half their husbands’ wealth in case of divorce or death, the fundamentalists took to the street in angry demonstrations, loudly chanting: “We defend Islam with our bodies and souls” end of quote

26 comments on “..::What is concept of KHULA Divorce in ISLAM?

  1. meray parents nay zabardsty khulla ly lee mery jab k my husbnd is out of touch n he evn dont know about it.does khulla hapeens but my i have still my nikkah nama with me n i didnt receive union council divorce paper nor applied.am i stil my husbnd wife

    Like

    • did you appear in family court for any statement if not who appeared on your behalf?
      did you appoint any person as your special attorney for divorce purposes?

      Like

      • yes i appeared once but i didnt give my originl nikkah nama nor i ll submit it in union council to receive tallak nama.my husband knows nothing about it he is in abroad.

        Like

        • if you get the divorce under the undue pressure and coercion of your parents, then you can move to get cancel the divorce and reconcile with your husband

          Like

          • i contacted my husband n i didnt tel him about khulla n all n now i m in contact with him and my parents say that they ll not submit my original nikkah nama in union council for paper.so i m still in my husband nikkah as he can back from abroad.

            Like

          • khula decree is nothing unless it is filed in the concerned union council for arbitration proceedings. before effectiveness of divorce by the arbitration council you may re-join with your husband

            Like

Enter your Question here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s