Top 48 How Long Does Khula Take In Pakistan Top 96 Best Answers

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Approximately the khula time period in Pakistan is two months. It can also be two or three weeks earlier or late depending on the circumstances and nature of the case.To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish …It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behaviour.

Contents

What is the process of Khula in Pakistan?

To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish …

What are the conditions of Khula?

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behaviour.

How is Khula done?

Khulʿ (Arabic: خلع), also called khula, is a procedure through which a woman can give a divorce to her husband in Islam, by returning the dower (mahr) or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi’s (court) decree depending on the circumstances.

What happens in Khula?

Khula (Arabic:خلع) is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.

How long is the process of Khula?

Approximately the khula time period in Pakistan is two months. It can also be two or three weeks earlier or late depending on the circumstances and nature of the case.

What if husband does not agree to Khula?

Khula is prerogative of husband, not courts, says CII

Therefore, a civil court decreeing dissolution of marriage on a wife’s plea without her husband’s consent, under the name of Khula, would be in violation of the Holy Quran and Sunnah, the council observed.

Can a woman go back to her husband after Khula?

Answers (3) You can do second marriage after completing the procedure as filed under Khula nama. as per Muslim personal law you also have to follow the Iddat time period and after that you can go for second marriage.

Can a woman take Khula?

yes. She can initiate khula, and it will be final when the husband accepts it. But, while taking khula, the wife will have to part with dower (full or a part) or some property. You have one more better option of approaching the court for dissolution of marriage.

Can I ask for Khula?

If you want to give khula to your husband and if your husband is also willing to leave you then you can approach a Khazi and you can go for khula. You don’t require any marriage certificate for it. You can also approach the Honourable Court and get divorce from your husband.

What is the difference between Khula and divorce?

The difference between a khula divorce and a mubara’at divorce is that in khula the wife desires the divorce and initiates it, while in mubara’at both spouses desire the separation. Mulla, p. 265. The Hanafi school believes that all adult females have the exclusive right to enter into a khula.

How do you get to Fasagh?

The following constitute some of the common valid grounds for Faskh:

Absent husband: absconding or missing.
Failure to provide maintenance: inability or refusal.
Serious health condition or Disease: insanity, leprosy, impotency, HIV or any such disease that could endanger the wife.
Severe abuse: Physical or other.

Can a woman divorce her husband without his consent in Islam?

A condition can be included giving the wife a delegated right to divorce (talaq-tafwid), which gives her the power to terminate the marriage unilaterally without needing permission from the husband or religious authority.

Is khula and talaq same?

in Khula the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Whereas, Talaq gives the right of divorce to the only husband where he can release from the marriage tie immediately or eventually.

How do I apply for Khula?

How Do I Apply For Khula? You do not need your husband’s permission to apply for a Khula. You can file the application yourself or instruct a law firm to help you. Complete a statement of fact – outlining the reasons for your decision.

How can I register my divorce in Nadra?

NADRA Divorce Certificate

Affidavit of Divorce (attested by Government officer)
CNIC copies of Husband and Wife.
Passport copy of Husband or Wife.
Undertaking by Husband and Wife.
Copy of Nikah Nama.
Copy of court orders of Talaq (in case of Khula)
Two Witnesses of each party (to be appeared)

What is the divorce rate in Pakistan?

According to a 2019 survey carried out by Gallup & Gilani Pakistan, as many as 58% of Pakistanis at the time believed that divorce rates in Pakistan have increased in the country. The survey found that 2 in 5 of the respondents believed that a couple’s in-laws were responsible for most of these cases.

Khula Case Time Duration

Khula procedure in Pakistan-Adv Jamila-Overseas-Law –

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Advocate Jamila

KHULA IN PAKISTAN

KHULA PAKISTANI LAW

KHULA PROCEDURE IN PAKISTAN

KHULA PAKISTAN FAMILY LAW

KHULA PROCESS IN PAKISTAN

FREQUENTLY ASKED KHULA QUESTIONS

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Do I need a Khula

How can I obtain a Khula

Should I seek advice on obtaining a Khula

What happens if my husband does not reply

How is the decision to grant a Khula made

Sidraa Razaq

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5 top tips to obtain a Khula | Winston Solicitors

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Contents

Origins in texts[edit]

Related issues[edit]

Interpretations by region[edit]

References[edit]

Khula procedure in Pakistan-Adv Jamila-Overseas-Law –

WHAT IS KHULA PROCEDURE FOR OVERSEAS PAKISTANI? Khula procedure for the overseas Pakistani is round about the same just like others. The only difference is that for the procedure of khula for overseas Pakistani the wife has to send a power of attorney to his lawyer attested by Pakistani embassy or consulate which will entitle your lawyer to proceed with the case. A lawyer cannot file a case of overseas Pakistani in Pakistan until he has an authorization from the embassy or consulate from the country where the wife is residing. Foreign nationals who are married in Pakistan or are married abroad to a Pakistani national can also seek khula through a lawyer appointed through a power attorney to file your khula case.

WHAT IS KHULA CERTIFICATE IN PAKISTAN? At the end of the khula case, the court grants khula decree which sometimes is termed as khula certificate in Pakistan. You get this khula certificate in Pakistan on when all the case is disposed of and no proceedings are pending before the court. If any proceedings are pending before the family court you won’t be issued the khula certificate in Pakistan.

WHAT IS IDDAT PERIOD AFTER KHULA? The iddat period after khula is 3 months which wife needs to observe however there is also some difference of opinion among the scholars as regards the period of iddat after khula or divorce. Supreme court also in its one of the ruling, has quoted that the iddat period is one month which wife can start to observe from the day she has filed the case of khula.

WHICH PAKISTAN KHULA LAWS ARE APPLICABLE? Currently in Pakistan khula laws applicable at the moment is “Family court act 1964”. This law authorizes the wife to file a case of khula in the family court of Pakistan. In the procedure of this law, CIVIL PROCEDURE CODE is excluded. Other family issues are also dealt with according to the same law.

IS PAKISTANI KHULA ACCEPTED ABROAD? Yes! The Pakistani khula is accepted all over the world. The Pakistani khula does not get expired in other countries. If you are married or divorced in any country, you don’t need to remarry and re divorce when you come to Pakistan. In the same way, when you get married or divorced in Pakistan you don’t need to get remarried or re divorced when you reach abroad.

WHERE TO GET SAMPLE KHULA LETTER IN PAKISTAN? There is no such thing as a sample khula letter in Pakistan. Your lawyer prepares the case according to your situation and circumstance. Every case is a separate case so there can be no stereotype sample. Discuss your case with your attorney and he will prepare your case.

HOW KHULA SYSTEM IN PAKISTAN WORKS? Khula system in Pakistan is a judicial system. Just like other cases in Pakistan khula is also a case and every case requires to be proved. If the court thinks that grounds exist to granting khula, the court will grant khula.

IN WHOSE FAVOR IS THE PAKISTANI LAW ABOUT KHULA? The Pakistani law about khula favors the female at many points for example in the reconciliation process the court asks the wife if she wanted to reconcile or not. If she says that she doesn’t want to reconcile the court will never force the wife to go with the husband.

WHAT IS KHULA PROCEDURE IN ISLAM? Khula in Pakistani law is as per the khula procedure in Pakistan. Both Islam and Pakistani law do not favor the hateful union of husband and wife. If your question is strictly related to any particular sect of Islam then you should ask this question to an Islamic scholar as we are lawyers, not Islamic scholars so we can guide you as per the law only.

WHAT IS KHULA DECREE IN PAKISTAN? Khula decree in Pakistan is the judgment order passed by the family court at the end of the case. When the case is disposed of the family court gives its reasons and findings in disposing of a case. The khula decree in Pakistan may or may not be granted in the favor of wife but whatever is decided by the court is called Khula decree in Pakistan.

WHERE TO GET KHULA APPLICATION FORM IN PAKISTAN? There is no khula application form in Pakistan. The case is always prepared by your lawyer whom you have hired for the services. So you just have to discuss your case with your lawyer and he will be preparing your cases as per the situation and needs of the case.

WHAT ARE GROUNDS OF KHULA IN PAKISTAN AVAILABLE? The grounds of khula available in Pakistan for wife are as below.

No Maintenance

Desertion from house

Cruelty

Husband’s where about not known

Imprisonment of husband

Second wife

Impotency

Marital obligations not performed

Insanity

Venereal disease

Bad character

Immoral life of husband

Disposes of property

Obstruct from religious duties

Separation of husband and wife

Repudiation of marriage

What is the Khula process in UK? We are Pakistani lawyers so I can guide you about Pakistani law only however Pakistani khula process in Pakistan is easier as compared to the khula process in the UK. If you are married in Pakistan or if you are married abroad to a Pakistani national you can get khula in Pakistan instead of the UK as you can get khula here in two months whereas the khula process in UK takes two years.

What is the khula process in Canada for Pakistanis? If you are Pakistani or if you are married in Pakistan or married to a Pakistani you can file khula in Pakistan rather than to initiate khula process in Canada as Canada takes lots of time to proceed with khula whereas you get the same khula in two months from Pakistan.

IS KHULA PROCESS IN ISLAM SAME LIKE PAKISTANI LAW? The khula process in Islam is the same as Pakistani law and the only difference is in the procedural work. For more Islamic information you can ask an Islamic scholar as we can guide as per the law only moreover if you think that the Pakistani law is not according to Islamic injunctions then let us guide you that Pakistani law only recognizes the khula which is as per law. Whatever your religious belief is if you are not divorced as per Pakistani law then the Pakistani law does not recognize you as divorced so even if you have adopted a separate way of khula as per your religious belief still you have to take khula as per Pakistani law to make it legal.

CAN CASE OF KHULA AND HAQ MEHAR BE FILED TOGETHER? Suit for khula is filed by the wife claiming divorce so if a wife is claiming khula she has to leave her Haq Mehar. Khula and Haq Mehar’s case cannot be filed together. Haq Mehar’s case is always filed when the husband has divorced the wife. If a wife is taking khula from court then the case of khula and Haq Mehar cannot be filed together. Normally in khula cases, if the wife has received the Haq Mehar amount then she has return 1/4th of it and if the wife has not received the Haq Mehar then she can still be entitled to half of the Haq Mehar. It’s totally up to the family court to decide what will be the fate of Haq Mehar in the khula case.

CAN YOU FILE KHULA BEFORE RUKHSATI? Marriage is a marriage and has nothing to do with rukhsati. You are married once you have done your nikah whether rukhsati has taken place or not so you have file proper khula before rukhsati and khula after rukhsati has the same process.

WHAT IS KHULA CERTIFICATE FROM UNION COUNCIL? No such khula certificate from union council is granted to anyone. Union council process starts after the khula decree from the family court. Once you have court decree of khula you can submit it in union council for issuance if divorce certificate.

CAN YOU FILE KHULA DURING PREGNANCY? Yes! You can file khula during pregnancy also however if the khula is granted by the court it will be operational after the birth of the child. Filing the khula case is different from its execution. No one can stop you from filing the case of khula. The khula case takes time and you can proceed with the khula process in Pakistan.

WHO PREPARES YOUR KHULA PAPERS? Your lawyer prepares the khula papers for the clients. You have to tell the situation and circumstance due to which you are taking khula. Once the lawyer has taken the brief from you he will prepare the khula papers, forms, and format according to it. Half of your case is the papers prepared by your lawyer. So the khula papers have lots of importance in winning the case.

WHAT ARE KHULA RULES IN PAKISTAN? The basic law of khula in Pakistan is already discussed and khula rules in Pakistan are a complete book which is not possible for us to mention here moreover if you are hiring a lawyer then leave the headache of rules on him. Your lawyer knows how to do and what to do. Keep trust in him or change him as this is the only thing you can do.

WHAT ARE KHULA REQUIREMENTS IN PAKISTAN? Khula requirements in Pakistan are that the case needs to be filed by the wife against the husband. The wife needs to have a valid ID card or marriage certificate (Optional). For any further khula requirements in Pakistan ask us as we will guide you as per the circumstances of your case.

WHAT IS KHULA TIME PERIOD IN PAKISTAN? There is no hard and fast rule that someone can quote you regarding the khula time period in Pakistan because it’s the judge who gives the date. The date is not in the hands of your lawyer moreover the judge can also be on leave on the date given to you or any such thing that can happen in Pakistan on the date given to you. Approximately the khula time period in Pakistan is two months. It can also be two or three weeks earlier or late depending on the circumstances and nature of the case.

CAN YOU FILE KHULA WITHOUT REASON? No! A wife cannot file khula without a reason. A valid reason is required by a wife, which needs to be proved in the court by your lawyer so that you can get khula from the court in Pakistan. A court in Pakistan cannot grant khula to the wife if she says that everything is ok and she doesn’t have any problem with her husband.

CAN YOU GET KHULA WITHOUT HUSBAND CONSENT? Yes! A wife can get khula without husband consent. You come to court only when your husband is not ready to divorce you. If he is ready to divorce you then you don’t need to come to court for khula. A wife only comes to court when her husband does not want to divorce her so khula without husband consent is valid.

DO WE NEED TO GET KHULA AFTER NIKAH? Yes! You need to get khula after nikah. Some people attach marriage with rukhsati but the reality is that you get married after nikah and not after rukhsati. So in any case, if a wife wants to get divorced she has to file khula after nikah.

WHAT IS DIFFERENCE BETWEEN KHULA AND DIVORCE? The difference between khula and divorce is that khula is taken by the wife and divorce is given by the husband. For khula, you have to file a case in family court whereas for divorce your husband has to file a case in the court of arbitration council.

WHAT KHULA DOCUMENTS WE RECEIVE AFTER KHULA? Khula documents that we receive after the conclusion of the khula case is the khula judgment and decree signed by the judge bearing the seal of the court. Your lawyer gets you these khula documents attested from the attestation branch of the court.

WHAT IS KHULA FEES IN PAKISTAN? Khula fees in Pakistan depend on the caliber and expertise of your lawyer. Khula fees in Pakistan depend on the city, and circumstances of a case. Khula is taken in hard times and someone saves his money for his hard times only. It is better to save the case and life instead of saving your money. We have kept an economical fee for everyone so that everyone can afford our services.

WHO SEND KHULA NOTICE IN PAKISTAN? Khula notice is Pakistan by the court in which you have filed your case. After filing the case your lawyer submits judicial forms in the court. Then the notices are sent to your husband. If you don’t want your husband to receive any notice then discuss it with your lawyer.

CAN WE HAVE KHULA ONLINE SERVICES? Yes! Khula online services are possible. You can proceed in court through a special power of attorney and through E courts your evidence can also be recorded online. Khula online services in Pakistan are available through our law firm.

For any further detail please contact Advocate Jamila

5 top tips to obtain a Khula

Do I need a Khula?

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behaviour.

For help with a khula call us on 0113 320 5000

How can I obtain a Khula?

Surprisingly, the Shariah Council’s divorce process is extremely similar to that of the English courts civil divorce procedure. Just like a civil divorce, an Islamic Divorce process requires the Applicant to draft a statement of fact confirming why the marriage in question should be dissolved. You may think this sounds rather simple. However often many Applicants commonly misjudge this part of the procedure which results in their case not being successful or taking more time than necessary.

Should I seek advice on obtaining a Khula?

So why isn’t this task “simple”? It all boils down to the Islamic principles. We frequently find women who have instructed our firm providing information that is not relevant for their Khula. This is because certain points that a woman may feel are highly important are not actually seen to be valid reasons under the Islamic Divorce principles. An Islamic Divorce Lawyer prepares the statement of fact to identify the correct points in line with the Islamic Principles whilst also being beneficial for the Applicant’s case.

What happens if my husband does not reply?

The Sharia Council will then notify the Respondent and allow him a set number of days to respond. Again just like the civil divorce process, even if the Respondent fails to reply as long as “service” can be proved, the Sharia Panel will automatically progress this matter to the final stage.

How is the decision to grant a Khula made?

The final stage before a decision is made is known as the “Panel Meeting” stage. This is where the Applicant is able to speak to the panel directly and discuss the marriage breakdown. This is vital part of the process. If the Applicant does not put forward her case in a strategic and clear manner, it may result in her not obtaining a Khula. Islamic Divorce Lawyers often prepare their clients by providing them with clear instructions on how to present their case. They also tend to send statements of support in order to strengthen the Applicants case.

Following the panel meeting, the Sharia council will then finalise their decision. If a Khula is to be granted, the panel will issue a formal divorce certificate similar to that of a Decree Absolute.

Call 0113 320 5000 to find out more, or email @email.

Wikipedia

Islamic divorce procedure

Khulʿ (Arabic: خلع), also called khula, is a procedure through which a woman can give a divorce to her husband in Islam, by returning the dower (mahr) or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi’s (court) decree depending on the circumstances.[1] Based on traditional fiqh, and referenced in the Qur’an and hadith, khul’ allows a woman to initiate a divorce.

Origins in texts [ edit ]
From the “Sahih International” translation of the Qur’an.

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah—it is those who are the wrongdoers. — 2:229

And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them—and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah—then indeed Allah is ever Acquainted, with what you do. — 4:128

Hadith [ edit ]
The most well known story that references khul’ and serves as the basis for legal interpretations is the story of Jamilah, the wife of Thabit ibn Qays:[2]
Narrated Ibn ‘Abbas: The wife of Thabit bin Qais came to the Prophet and said, “O Allah’s Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner if I remain with him.” On that Allah’s Apostle said to her, “Will you give back the garden which your husband has given you as Mahr?” She said, “Yes.” Then the Prophet ordered to Thabit, “O Thabit! Accept your garden, and divorce her once.”[3]
Related issues [ edit ]
Compensation [ edit ]
Most Islamic schools of law agree that the husband is not entitled to more than the initial amount of dower (mahr) given to the wife. However, some interpretations suggest that the husband is entitled a greater compensation, while other interpretations suggest that the husband is not entitled to any compensation.[4] According to some interpretations, khulʿ demands that the mahr already paid be returned along with any wedding gifts. According to majority of imams of fiqh this law only to apply if there is no fault on the husband. Men sometimes prefer and pressure their wives to demand a khulʿ instead of the husband pronouncing a talaq so that the husband can demand the return of the mahr. Another scenario that rarely arises in khulʿ is that the husband will request an unreasonable financial compensation. This can effectively constrain her from seeking khulʿ because they have no means to support themselves financially with the loss of their mahr and other wedding “gifts.”[5]
Consent of the husband [ edit ]
In regard to the consent of the husband, most schools[which?] agree that husband’s agreement is a basic procedure and essential to the granting of divorce, unless extenuating circumstances apply, while only few schools allow the judge to give a no fault divorce without husband’s consent if she gives up mahr. For a fault based divorce the husband does not have to consent if the grounds of divorce are valid, such as cruelty (darar) or impotence (if undisclosed to bride at time of marriage). In addition, if a husband cannot provide his wife with basic marital obligations, such as shelter or maintenance, a woman may be granted khulʿ.[6] If the woman is underage, then consent must be given from the guardian of her property.[7] The details of laws of khulʿ in particular cannot be found in the Qur’an directly, so a Sharia court judge must discern from Hadith and Islamic jurisprudence historical cases what they believe to be valid reasons for divorce.[8]
Role of the Court [ edit ]
Views on role of the court and judge varies across schools, depending on whether or not the divorce is considered a type of talaq (husband’s repudiation of the marriage) or judicial annulment. If the husband does not consent to the divorce, a woman often goes to a mediating third party, such as an imam. Only a person versed in Islamic law i.e. a qadi, or Islamic Sharia court judge, can grant the khulʿ without the husband’s consent. When petition for khulʿ is taken to the Sharia courts, a judge is permitted to substitute the husband and annul the marriage. This process of judicial annulment is also commonly referred to as faskh, which typically occurs when the husband refuses to consent to the wife’s decision to divorce.[9]
Iddah [ edit ]
When a woman is granted a divorce through khulʿ, she must enter a waiting period known as iddah. According to the majority opinion, which includes the reliable position in the Hanafi, Maliki, Shafi’i and Hanbali schools, the waiting period for khul’ is the same as the waiting period for divorce, and a minority opinion limits it to a single period.[10] If a woman has already gone through menopause, she must wait three calendar months. The waiting period for a woman who has irregular periods is dependent on different interpretations. If a woman is pregnant or becomes pregnant during the waiting period, she must observe the waiting period until laying her burden.[11]
Custody [ edit ]
Custody over children tends to favor the mother if she has not remarried, but the father is still obligated to provide childcare. Once a child is old enough(7 for male,9 for female), he or she is given the choice to decide who has custody according to shafii, or custody is automatically given to the father according to hanbali school or custody is given to mother according to Maliki school.[12]
Interpretations by region [ edit ]
Egypt [ edit ]
A form of khulʿ was adopted by Egypt in 2000, allowing a Muslim woman to divorce her husband without any fault. The law is so strict that only 126 women out of 5,000 women who applied for khul were actually granted. As a condition of the divorce, the woman renounces any financial claim on the husband and any entitlement to the matrimonial home.[13] The Islamic khulʿ procedure has also been used by some Egyptian Christian women to obtain a no-fault divorce, and it is considered by some as an opportunity for their empowerment vis-à-vis patriarchical institutions.[14]
Iraq [ edit ]
Iraq is unique in that it is stated in the law that infidelity constitutes as a valid reason for divorce. In addition, a woman is allowed to seek khul’ if her husband is infertile and they do not have children.[15] When a woman is granted khulʿ, compensation can be greater or less than the dower(if husband is not at fault).[16]
Jordan, Morocco, and Syria [ edit ]
In Morocco, if a woman is coerced or harassed by her husband, the husband has no entitlement to compensation. In Morocco and Syria, compensation other than money can include child care or custody. In Jordan, a new law has been recently passed that allows a woman to end her marriage by using the principle of khulʿ itself if she returns her dower. Earlier it was only given on certain grounds. Within the first two years of passing this law, the courts saw an exponential increase in khulʿ lawsuits. The law has yet to be approved by parliament, however, and it is still condemned by many lawyers to this day.[17]
Nigeria [ edit ]
Khulʿ is the most common form of divorce in Northern Nigeria. If a woman can provide enough compensation on her own or with the help of family, it is likely that she will be able to get out of an unhappy marriage.[18]
North America [ edit ]
According to a ten-year study from 1992 to 2002 conducted by Dr Ilyas Ba-Yunus, the overall divorce rate amongst Muslims in North America was at 32% which was significantly lower than the 51% rate for the general population.[19] Further, In North America, a 2009 a study conducted for SoundVision, an Islamic foundation, concluded that 64% of Islamic divorces are initiated by women.[20] Imams in North America have adopted multiple approaches towards Khulʿ. One of the biggest issues that cause imams to differ in their views is whether or not the women should return the mahr to the husband. Another important issue for women in North America is getting both a civil decree and religious divorce. Religious divorce is sought out as “a meaningful personal and spiritual process” that is attained in addition to (not as a substitute) to a civil decree. Another important issue that arises in North America is that many women are unaware of their Islamic right to seek khulʿ. Some North American women even caution that being assertive and knowledgeable of Islamic law in front of their imam may even be detrimental to them. Women have said that the imams appeared to be “less sympathetic” because they saw the women as challengers to their authority.[21]
Pakistan [ edit ]
According to the “Dissolution of Muslim Marriage Act” passed in 1939, judicial Khula was allowed to be authorized without the husband’s consent later it was extended to include no fault divorce if the wife was agreed to forfeit her financial rights.[22] Marriage is not considered a sacrament among Muslims but rather a civil contract with “spiritual and moral” undertones. Therefore, legally, the marriage can be dissolved for “good cause.” The wife has the right to have the marriage dissolved based on the law of Khula if she decides she cannot live with her husband. In Pakistan there are two different classes of Khula. The first (i) is by mutual agreement; and the (ii) By order of the court Qadi and dissolution of marriage taking place by the husband’s pronouncing talaq in the first class of cases and by the order of the Qadi or the court in the second class of cases. The Qur’an declares “Women have rights against men similar to those them.”‘[23] The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’ (i) She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her. (ii) If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Sharia Judge has the right to declare a divorce between the husband and the wife in marriage.[24]
Saudi Arabia [ edit ]
In Saudi Arabia Women awarded khulʿ in Saudi Arabia are required to financially compensate their husbands or give away marriage settlements unless the husband has harmed her. Sometimes, this may include custody rights to their children. Other than the dowry, it is also common for the wife, especially in the case of newlyweds, to return marriage expenses. Older females in Saudi Arabia generally do not support khulʿ. They believe that the increased number of khulʿ requests is the result of Western influences of Saudi culture. Mainly, the new belief that women should also pursue financial aspirations. In Saudi Arabia, women can end up losing when awarded khulʿ. This is because often they cannot support themselves.[25]
Yemen [ edit ]
In Yemen, khulʿ is recognized as a judicially supervised annulment. Alcoholism, jail time of more than three years, impotence, mental feebleness, and hatred constitute as valid reasons for a woman to seek khulʿ. While domestic violence is not always constituted as valid, it is against the law in Yemen for husbands to physically or psychologically harm their wives.[26]
References [ edit ]
Further reading [ edit ]

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