Top 46 How To Do Khula Divorce All Answers

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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.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.

Contents

Do you need a reason for 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 do I get a Khula?

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.

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 time period 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.

Can wife 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.

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 couple remarry 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.

What is the difference between khula and divorce?

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 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 file for divorce in Islam?

Divorce must take place after the wife’s menstrual period and no sexual relations have occurred since her period ended. If all the above factors are present, either the husband or wife can pursue a divorce or they can pursue a divorce jointly and amicably.

What is Faskh e nikah?

In short, therefore, the Faskh-e-Nikah is the dissolution of an Islamic marriage pronounced by a third party upon application by the wife. Furthermore, the effect of a pronouncement of Faskh-e-Nikah is the same as a Talaq-e-Ba’in – the marriage comes to an irrevocable end.

What is Mubarat divorce?

divorce by relinquishing either her entire or part of the dower. This mode of divorce is called ‘khula’ or mubarat.

What is khula Pakistan?

Khula is a kind/type of divorce which a Pakistani Muslim female gets without the consent of her husband. Khulla decree is granted by the Family Court in Pakistan.

Can a woman go back to her husband after Khula?

What are the reasons for divorce in Islam?

According to sharia law, there are two reasons a wife may he granted divorce: When she can prove that the husband did not have intercourse with her or more than three months or if the husband does not provide her with what she needs for living such as food and shelter.

What is Faskh e nikah?

Faskh-e-Nikah is the dissolution of a marriage by an Islamic Court (in a Muslim country) or a Shariah Council (in the UK) when the wife wants to proceed with divorce but the husband unreasonably refuses to grant the Talaq.

How is talaq done in Islam?

It must be pronounced orally in the presence of two witnesses, unless he is unable to speak. Further, Talaq pronounced under coercion is void. It must be spoken in Arabic terms and strictly in accordance to sunnah. The husband pronouncing divorce must be of sound mind.

QA: What is Khula’ and Its Procedure? | Dr. Mufti Abdur-Rahman ibn Yusuf

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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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Contents

Origins in texts[edit]

Related issues[edit]

Interpretations by region[edit]

References[edit]

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 ]

What are the grounds to go for Khula ?

263 votes

Khula is the right of a woman in Islam to seek a divorce or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim woman may petition a Qazi to grant her divorce – over ruling the husbands refusal. This authority of the Qazi is subject to certain criteria which differ amongst the jurisprudential schools (fiqh), and subsequent to attempting reconciliation between the parties, failing which further arbitration to seek an amicable solution and voluntary proclamation of triple talaq by the husband.

Ultimately the Qazi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the Qazi usually encourages) unless the woman’s action or behavior has been such not to warrant it.

After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years, the children have the right to live with the father or the mother, as they decide. There is differences between scholars in regards to the number of years a husband is obliged to provide for the welfare of the children of the marriage, and who is to reside with whom.

A woman seeks a khula while a man gives a talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months. The iddah period also allows for reconciliation between the husband and wife. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.

There are differing opinions regarding the iddah (waiting period) for a woman after the khula has been granted, the support of a one month waiting period is taken from the following hadith and Qur’anic verses.

“.. When Rabia bint Masood obtained Khula from Thabit, the prophet asked her to wait until one menstrual cycle before she could go to her home”. (An-Nissai, Abu Daud, Tirmidhi)

“…And for that who are pregnant (whether they are divorced or their husbands are dead), their iddah (prescribed period) is until they deliver (their burdens)…” (Qur’an 65:4)

Also the mahr does not have to be surrendered in full if the husband does not request the entire amount. The basic principle concerning this is the following verse from the Qur’an (interpretation of the meaning) stating:

“..Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness. And it is not lawful for you that ye take (back from wives) aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah (to deal with each other fairly), in that case it is no sin for either of them if the woman ransom herself (by returning what the husband provided). These are the limits (imposed by) Allah. Transgress them not.

II Option is through Court:

Under THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939

Under Section 2. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;
[ (iia) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;]
(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of [ eighteen years], repudiated the marriage before attaining the age of [ nineteen years]:

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,-

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute or leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix) on any other ground which is recognized as valid for the dissolution of marriage under Muslim law:

Provided that-

(a) no decree shall be passed on ground (iii) until the sentence has become final;

(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

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Top 46 How To Do Khula Divorce All Answers

Do you need a reason for Khula?

How do I get a Khula?

Can I ask for Khula?

What is the time period of Khula?

Can wife Khula?

What if husband does not agree to Khula?

Can a couple remarry after khula?

What is the difference between khula and divorce?

How do you get to Fasagh?

Can a woman file for divorce in Islam?

What is Faskh e nikah?

What is Mubarat divorce?

What is khula Pakistan?

Can a woman go back to her husband after Khula?

What are the reasons for divorce in Islam?

What is Faskh e nikah?

How is talaq done in Islam?

how to do khula divorce

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