..::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

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

  1. Assalam o alekum sir, i want to marry a women who is already married to someone since 9 years.the day she got married she came to know about her husband that he is impotent,with medications used by her husband she ultimately gave birth to a boy.her husband from the day first neglects her and reluctant to get any treatment ,she has yearned all these years to have gentle and a husband and wife chat what to talk of other rights from him.She is spending her days with that person without having any relation for her child only.The depression of insecurity has lead her to an illness suffering from thyroid problem,She is blamed and taunted for being responsible of having no more child.Her husbands behaviour has become unbearable,he neither takes care of her financially nor morally.She is so insecure that he never bothers where she goes, from where she gets her small expenditures which i keep on helping her.Some years ago he has also given her in written to go wherever she wants ,but how could she as she never thought of another marriage and had decided to spend her life as it was going on.Once i came to her life on net i felt her insecurity and developed the trust that she started sharing her every minute problem with me.I was always moved by it but couldnt do something because i had no right for it.So, ultimately i decided to take her out of that hell…….Sir now the problem is that she after having me in her life told her parents about the problem ,but thinking of her as a future burden her family ignored her and indirectly gave her the notion to compromise as they still do not know that im waiting to take care of her as soon as she is free from their.Her husband is now wasting her time being personal on the issue and reverting from his commitment of leaving her.She is at the limit of being unable to stay with him.She is afraid of being very open as his husbands brother is a rich person and he would not leave her child go with her if at all she decides and takes some step.And more than me her life exists in the child which i would never like to seperate from her.My parents are ready to marry me somewhere else and i have no time and i want her khula from their as soon as possible.Now, i dont know what to do ,i cant leave her alone as i have brought her to the point of no return by gaining her trust and gave her the hope that she also deserves to live a happy life.i am 26 and she is 32 with a son ,so obviously my parents would never want it but sir i cant leave her now.I may not able to explain the intensity of situation but just one thing i want to say is that JUST TRUST ME THAT IM NOT BREAKING SOMEBODIES HOME ,please advice me how can i get her out from there and be legally secure from somebody who claims to use money. SIR ,AN EARLY ADVICE IS SOLICITED PLEASE. Assalam o alekum


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