How To Apply For A Khula? Top Answer Update

The Council on Islamic Ideology (CII) has declared it un-Islamic for courts to use “khula” (a woman’s right to divorce) without a husband’s consent to dissolve a marriage. The powerful religious body noted on Thursday that courts dissolved nikkahs in the name of “khula,” which is incorrect as only the husband has the right to grant khula, after which courts can dissolve marriage contracts. Court order, the CII said, that several women who had dissolved their marriages to ‘Khula’ were still unsure whether their marriage had in fact been dissolved,” the CII noted ordering her husband’s consent under the name Khula constitutes a violation of the Hol y Quran and Sunnah, the Council noted.The Council also noted that under Islamic law it would be unfair to deny a husband the right to object to such a “unilateral.” Court Decision to Appeal According to a majority of ulamas, a wife must forfeit her financial rights if ‘khula’ is used to dissolve a marriage will end. However, the two can reach an out-of-law settlement if mutual understanding is established. According to the Muslim Marriage Dissolution Act, passed in 1939, “judicial khula may be authorized without the consent of the husband if the wife has consented to forfeit her financial rights. Marriage is not considered a sacrament among Muslims, but rather a civil contract with spiritual and moral undertones.” The wife has the right to dissolve a marriage on the basis of khula if she decides that she can no longer live with her husband.”

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Khula is the right of a woman in Islam to seek divorce or separation from her husband. More precisely, it is only a wife’s right to demand a release from the marriage bond.

Khula’ means the separation of the woman for payment; The husband takes the payment and lets his wife go, whether that payment is the amount he gave her or more or less.

The rationale for this is the verse in which Allah says (interpretation of the meaning):

“And it is not lawful for you (husbands) to take back (from your wives) any of your mahr (bride price given by the husband to his wife at the time of marriage) which you have given them, unless both parties fear that they would not be able to respect the boundaries prescribed by Allah (e.g. to deal fairly with one another). If they then fear that they would not be able to keep the limits prescribed by Allah, then there is no sin on either of them if they (the Mahr or any part of it) for their Al-Khul’ (divorce) returns.”

[al-Baqarah 2:229]

The evidence of this from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, I do I find no fault of Thaabit ibn Qays in his character or religious devotion, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her: “You will become his garden give back?” Because he had given her a garden as her mother. She said yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden and divorce her.”

(Narrated by al-Bukhari, 5273).

There are basically three ways for a woman to get a divorce:

1. Ask her husband that she no longer wants to be his wife and the husband complies with her request and declares divorce from her.

2. If the husband refuses to divorce her, she has the right to start divorce proceedings in court, where the judge will examine the conditions and reasons for the divorce application, then summon the husband and give him an option: either him approves the wife’s petition for divorce and grants her divorce, or the court will exercise its authority and divorce the couple.

3. If the husband does not grant the divorce and the judge sees a valid reason for the divorce, the judge has the power to divorce the couple.

A Muslim woman can ask a qazi to grant her a divorce – over her husband’s refusal. This authority of the qazi is subject to certain criteria which differ between the jurisprudential schools (fiqh) and after an attempt at reconciliation between the parties, failing which further arbitration is conducted to seek an amicable solution and the voluntary proclamation of the triple talaq by to look for the husband.

Ultimately, the Qazi has authority to grant the divorce provided the wife meets the requirements to return the mahr and compensate the husband by repaying him what he has done during the marriage unless the husband is willing to forego it (which the Qazi usually encourages). unless the woman’s action or behavior was such that it was unjustified.

After the divorce, the husband is responsible for raising and supporting the children. The iddah (waiting period after divorce) period of a woman seeking a khula is one menstrual cycle or month if she is postmenopausal, i.e. has stopped menstruating. This is to ensure that she is not pregnant. The iddah period also allows for reconciliation between husband and wife. If the woman is pregnant, the waiting time will last until the birth. Witnesses are still needed in the search for a khula as in a talaq.

In your case, the husband is not willing to give talak but allows you to seek khula, which means separation is easy without going to court. Sometimes a qazi in the mosque will issue a document on khula recording the husband’s consent along with a witness, or you can file a lawsuit in the family court to get the divorce decree.

If the wife files an application for dissolution of the marriage, the court notifies the opposing party, i.e. H. the husband, and if he fails to appear following the due process of notice and publication, the court may pursue the case ex parte and render a judgment. If the husband or his representative appears, he must make a written statement, after which the court must set a date for pre-trial reconciliation proceedings. If the reconciliation fails and the case is challenged through the following procedure, the court will eventually issue an order dissolving the marriage.

You can initiate by sending a legal notice, but if the husband himself is forcing Khula, it means he is ready to give his consent. Among both Shias and Sunnis, khula is irrevocable. Other requirements are the same as in khula and the woman must undergo iddat time and in both cases divorce is essentially an act of the parties and no court intervention is required unless contested.

Disclaimer: The above request and its response does NOT constitute a legal opinion as it is based on the information shared by the person who made the request on lawrato.com and which was responded to by one of lawrato.com’s divorce lawyers go into the concrete facts and details. You may make your specific request based on your facts and details for a response from one of the attorneys at lawrato.com, or you may contact an attorney of your choice for a detailed response to your request.

“There’s more to life than just a man,” Sajida* explains her decision to apply for Khula. A working woman in her 30s, she is one of thousands of Karachi women who choose to do so each year. “It was impossible for my mother and women of previous generations in my family to think of khula as an option.” When it comes to khula – a woman’s right to divorce – Pakistani women today stand on the precipice of great societal change. The number of women choosing to do so is growing at an unprecedented rate in Pakistan’s urban centers and data retrieved from family courts confirms this. Within the first 10 days of 2016, 36 applications for khula were made in Karachi alone. As of December 31, 2015, 12,733 cases of khula were still pending in family courts in four districts in Karachi – South, East, West and Central Districts. In recent years, Malir appears to have the highest number of recorded khula cases of any location in Karachi. As of December 31, 2015, there were 700 cases filed in Malir. Within 45 days, another 200 were added, bringing the average in this area alone to about five new cases per day. “When 10 cases are solved or settled, 50 new ones are added. The number keeps growing,” says Urdu journalist Arshad Baig, who has spent years covering court stories in Karachi. The recent statement by the Islamic Ideology Council that it is un-Islamic for courts to use khula to dissolve a marriage without a husband’s consent sparked heated debates on the issue. But with Pakistani family law allowing it, women are now more willing to exercise this right when marriage becomes too much to bear. Under Pakistani family law, khula remains a woman’s unequivocal right in the law of Islamic jurisprudence. “The court cannot deny the woman the right to khula,” says attorney Summaiya Zaidi, adding that khula is when the woman asks the court to dissolve the marriage contract. While Islam encourages maintaining family unity, provisions of khula and divorce were given for both sexes to free themselves when a marriage fails despite trying for valid reasons. In Zaidi’s experience, the most common reasons women seek Khula are domestic violence, physical and/or emotional abuse, the husband’s inability to provide for them financially, and lack of love or affection from the husband. “It can also just be general dissatisfaction or hatred of the husband. The destiny for khula is found in the premise that Islam grants a woman the right to free herself from the contract, where life becomes torture for both of them.” However, Zaidi explains that this is not an absolute right, but by the court is controlled. “Successful exercise of this right depends on the judge concluding that the spouses cannot live together within the confines of God,” she says. In most cases of khula, as permitted by Islamic law, the wife agrees to relinquish the meher (dowry) that the husband must give her and can also agree to further financial negotiations to work her way out of a marriage. Mufti Muhammad Zahid affirms that it is a right that Islam has given to women. Like many mainstream muftis (Islamic jurists), he believes that both spouses must agree on what Khula did. “Unilateral khula initiated by the wife without the consent of the husband is unreliable,” he says. But he also agrees that the qazi, now tantamount to a family court judge, can annul the nikah on sound grounds. Fight for rights Khula is different from Talaq-i-Tafweez, Zaidi explains. The latter is the power to grant a divorce; while this right belongs to the husband, it can be delegated absolutely or conditionally, temporarily or permanently to someone else such as his wife or a third party. “The person to whom the right has been delegated can then pronounce talaq accordingly. In essence, this means that the woman can get a divorce. Such a talaq, once exercised, would be effective after 90 days unless revoked by husband or wife,” says Zaidi. The Nikahnama includes this optional clause, and as awareness has increased, more and more women have begun to tick the Talaq-i-Tafweez box in the marriage contract. For women like Sajida, khula is what she calls a life-saving decision. While the reasons behind Khula vary from couple to couple, in Sajida’s experience, it was her ex-husband’s lack of responsibility that made her take her for granted and see her as useless. “He was very jealous and unkind. I cooked for him and took care of the house and even contributed financially, but he never cared about anything. If I wasn’t an educated or professional woman, I would have committed suicide,” she shares with a shudder. Khula wasn’t the first option for her and she tried to make things work for almost a decade. “I just wanted him to respect me, but he never did. He often told me I was fat and ugly,” she says. Sajida’s ex-husband, who suffered from bipolar disorder, let her go very easily. “We haven’t had any physical contact in years, so he felt guilty. I think that was the main reason why he just let me go,” she says, sharing how fortunate she was to get out of captivity. For some of Sajida’s contemporaries, however, the options are less lenient and women are forced to live in marriages where the reasons for choosing khula would be more than valid, such as marriage. For example, impotence, mental or physical disorders, and abuse or even infidelity are never taken lightly. The first reaction of most people Sajida met was that this is the price Pakistani city women pay for economic empowerment. “Yeh Human Rights walay aur TV dramay aurton ke dimagh karab kartay hain (Human rights activists and TV dramas have corrupted our women)” is a common response when bringing up the elevated rates of khula. Suffragettes fiercely defend a woman’s right to break free from a crippling marriage. “But it’s never good for a family to break up. Contrary to what many assume, human rights activists like myself who support women’s rights do not encourage women to divorce and make it a duty to hear both sides of the story. We’re trying to resolve their differences,” says Mahnaz Rahman of the Aurat Foundation. But sometimes the differences are irreconcilable. Such was the case with Naila*, who remained in an abusive marriage for 26 years but never considered seeking Khula. Instead, their marriage ended with her husband divorcing her under pressure from his second wife. “I am of the generation when mothers taught their daughters: ‘Jis ghar mein shareef aurat ki doli jaati hai, wahan se uska janaza uth ta hai’ (a decent woman’s funeral takes place in the same house that she entered as a bride goes). This doli-to-janaza mentality was so ingrained in a girl’s mind that she chose to suffer in silence,” says Naila. She couldn’t take that leap of faith, believing that staying married would be for the better future of her children. The responsibility for protecting children from the effects of a broken home lies squarely with mothers, and women tend to sweep issues under the rug for the same reason, Naila confirms. “But sometimes kids do better when they don’t see their mothers tormented by constant abuse or neglect.” “With economic independence comes self-esteem. A sense of rights and women questioning why they should tolerate unjust behavior,” says Rahman. These changes are important for the whole country,” says Nida Kirmani, sociology teacher at Lahore University of Management Science and gender activist. According to Kirmani, urban migration opens up opportunities for women to break free from the constraints of extended kinship networks, which sometimes gives them more space to challenge social norms. More and more girls in the cities of Pakistan are receiving equal educational opportunities. They excel in grades and get good jobs. “See Karachi: Two generations of boys in this city have engaged in political activities, their education and careers have taken a back seat. The girls filled that gap and excelled and moved on,” adds Rahman. But she agrees that tolerance among women has gone down. “The general climate of intolerance in our society also affects the institution of marriage,” says Rahman. Wind of change Khula may be a woman’s right, but it’s not always a smooth process. Based on the cases Zaidi has handled, she advises women to make sure they get all their valuable belongings out of the house before leaving. “Go to a safe home first and then apply for khula,” she says, explaining how a woman applying for khula can make the man vindictive and even harmful. “In most cases, reading the reasons for Khula as given by the woman in the lawsuit reveals the potential drama of the divorce. Even if a man was willing to grant the khula, he can become defensive once he reads the allegations against him; it affects his ego,” Zaidi mentions. She believes it works both ways: if a woman were to read such allegations against her, her ego would be hurt as well. “It’s never nice to read in official documents that you’ve been a bad spouse,” she adds. “It was a shock when I received this brown envelope from the court telling me that my wife had applied for Khula,” says Salman*, a southern Karachi resident who admits the document was the wake-up call that got him caused him to change some of his behaviors. “Our families got involved because our three children’s lives were at stake and convinced them to give me a second chance,” he says. He then agreed to take his wife to marriage counseling. “If that hadn’t happened, I know I would have kept beating her. I’m not a bad man. I love my family. But I never thought her threats to leave me could ever come true. I never took her seriously,” he says. After all, the couple was not separated. According to his wife, “Nobody changes completely, but now they know they can’t cross certain lines.” While khula may be a liberating option for women, not all women are innocent or fair in the way they handle cases Submit. Vengeance is a very real factor in both khula and divorce cases, and both sexes indulge in this very basic human emotion. Zaidi has worked on cases where the man needs to be defended. She cites an example of a case where the man was not guilty on the grounds set out in the lawsuit against him, namely cruelty, mental torture and lack of financial security. “If we didn’t defend him, he would have to pay her child support,” she says. Undoubtedly, more Pakistani women today feel empowered to leave unhappy marriages. “Most people would argue that this is a concern,” says Kirmani. “But I think it’s a welcome change as a lot of women suffer in silence for too long.” But for single mom Aisha*, who chose Khula and remarried a few years later, that trend is neither good nor bad. “If previous generations have suffered, hopefully future generations will gradually do better with a greater awareness of women’s rights. It’s a part of progress, of life moving forward.” *Names have been changed to protect identity.

How do I get a divorce certificate?

Zahid Law Associates are experienced Marriage and Divorce Lawyers near me in Pakistan and provide worldwide legal services to foreign Pakistanis including foreigners who have registered marriage in Pakistan under Pakistan Family Law 1961 and are now seeking to dissolve the marriage by khula / court divorce .

Definition for Khula (Judicial Divorce):

Khula Divorce – Khula Procedures in Pakistan and How to Obtain a Divorce Certificate. The wife’s divorce right called khula (judicial divorce) can be applied for in the family court, which seeks the dissolution of the marriage by khula. The right of khula is the legal and Islamic right granted to the Muslim women to divorce their husband without his consent while he refused to divorce his wife. So the question is: how do I get a divorce certificate?

Under the Pakistan Family Law 1961, the judicial khula should be authorized without the husband’s consent if the wife is willing to relinquish her financial rights.

Zahid Law Associates provides legal assistance in providing reliable filing and resolution for marital disputes and we will teach you how to obtain a divorce certificate. Regardless of whether the marriage has been dissolved by Divorce (Talaq) Khula or court divorce, it is important that the legal procedures provided for Khula are properly conducted or a court divorce can be applied for through the family courts in Pakistan.

Zahid Law Associates always ensures all legal aspects of separation cases. Failure to do so can raise issues regarding the effectiveness of the divorce and lead to serious legal problems, such as a case of “bigamy” or complications in resolving divorce-related disputes, such as past alimony or the claiming of alimony deferred dowry amount (Haq-e-More). The paternity of children can also be questioned.

Apart from any divorce decree, the woman must apply to the Union Council for a certificate of divorce called the NADRA Divorce Certificate or NADRA Khula Certificate and we will ensure that you receive a certificate of divorce under the Dissolution of Muslim Marriages Act 1961. The following issues can be the reasons for which a woman can apply for court divorce (khula):

Reasons for Judicial Divorce / Khula:

Deserted by husband for 4 years

non-receipt for two years

Husband enters into polygamous marriage in violation of established legal process

7 years imprisonment of the husband

Husband’s failure to fulfill marital obligations for 3 years

Constant impotence of the husband since marriage

Man’s madness for 2 years or his serious illness

Any other reason recognized by Muslim law as valid for dissolution of marriage

Additional reasons:

The wife can exercise her puberty option if she was married by her guardian before the age of 16 and the marriage before the age of 18 (if the marriage was not consummated) is due to the husband’s cruelty (including physical or other abuse, unequal treatment of fellow wives) and any other grounds recognized by Muslim law as valid for dissolution of marriage.

Procedure for Khula (Judicial Divorce) & How to Obtain a Divorce Certificate:

The woman must waive her dowry (Haq-e-mehr) when filing a lawsuit for Khula if she is not paid. Anything gifted to the wife by the husband or the husband’s family need not necessarily be returned for bridal gifts. The court can decide how much and what to recover based on the facts and other evidence of the case. But in the event that the wife’s failure to repay such gifted items does not invalidate Khula, the husband must file a separate lawsuit to recover such gifted items.

After hearing the case for Khula, the family court may issue an executive order directing them to send a summons to the chairman of the Arbitration Council or Union Council prompting the parties to reconcile within 30 days, otherwise the Khula Executive Order may be revoked after 90 days days come into force in the event that the husband and wife do not meet. The family court can also issue a decree and send the notification to the Union Council, which acts as if it had received the notification from Talaq and once the “iddat period” (90 days) over the khula comes into effect.

What does “khula” mean?

Khula is the right of a wife in Islam to request the dissolution of the marriage from her husband through the intervention of the court. A woman seeks a ‘khula’ while the man gives a ‘talaq’.

Can a husband and wife dissolve their marriage by mutual consent?

Yes, they can dissolve their marriage by mutual consent; the said divorce is called “Talaq-e-Mubarat”, the literal meaning of Mubarat is “obtaining release from each other”. The offer of separation in Mubarat can come from either the wife or the husband and once accepted the dissolution is complete.

What is the child custody law for divorced couples in Pakistan?

Guardian and Wards Act is the law, the Family Courts can also hear actions relating to custody of children under the Family Courts Act 1964. As a general rule, the interests and best interests of the minor child should be paramount.

What procedure should a husband use to divorce his wife in Pakistan?

According to the Muslim Family Law Ordinance, any man wishing to divorce his wife must notify the head of the Union Council in writing as soon as possible after the promulgation of talaq/divorce in any form and also send a copy to the wife. An arbitral tribunal will be formed within thirty days of receipt of the Talaq Chairman’s notification to bring about a reconciliation between the parties, and after ninety days the divorce will come into effect if reconciliation fails.

Can a Muslim wife declare a divorce?

Yes, the wife can grant divorce if she has a right of divorce (Talaq-e-Tafweez) delegated by her husband in Nikahnama (marriage contract) according to the terms agreed between husband and wife.

How do I get a NADRA divorce certificate?

Divorce & Khula Difference between Divorce & Khula

Talaq (Arabic: الطلاق‎) is the Islamic term for divorce. A talaq is used to end a marriage or nikah under the terms of Islamic Sharia. It should be noted that talaq is a right that a husband and wife can exercise only if they are granted the same in their Nikkahnama (marriage contract). If the husband gives talaq, he must also offer haq meher to his wife, while if the wife exercises her right to talaq, she must relinquish her right to haq meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a talaq. Sunni practice does not require witnesses and allows a husband to end a relationship by saying the triple talaq, while Shia scholars consider the triple talaq (in one sitting or simultaneously) to be ajahiliyya, a custom forbidden by Muhammad but by Umar ibn al-Khattab was reintroduced and thus banned. Sunni scholars agree with the facts but still consider it halal (“lawful”). Khula (Arabic: خلع) is a woman’s right to divorce in Islam, meaning separation from her husband. After the divorce, the husband is responsible for raising and supporting the children. The children live with the mother until Hizanat age, which is seven years for the son and puberty for the daughters.

After Hizanat age, the children have the right to live with their father or mother and their opinion will be considered by the court but not taken as the final and deciding factor.

A woman seeks a khula while a man seeks a talaq. The iddah period also allows for the reconciliation of husband and wife. According to Surrat al-Baqarah – Verse: 229 (( Divorce can be (pronounced) twice, then keep (her) in good company or let (her) go with kindness; and it is not lawful for you to take any part of it from you given to them, unless both fear that they cannot keep themselves within the limits of Allah, then if you fear that they cannot keep themselves within the limits of Allah, there is no blame on them for what they do gives up to thereby become free the limits of Allah, so do not transgress them and whoever transgresses the limits of Allah, these are the wrongdoers))

Is legal separation an option for Muslim couples?

The decision to divorce is a difficult one for most couples, but husbands and wives who practice Islam may be particularly reluctant to take the step. Prophet Muhammad said, “Of all things lawful, Allah hates divorce the most.” For this reason, many couples may consider other options before proceeding with an Islamic divorce, including legal separation, which can be beneficial Couple making decisions about the right solutions for their individual situation.

Legal separation before or in lieu of an Islamic divorce

Muslim couples can take several approaches during the divorce process. A husband can choose to end his marriage through the Talaq process without his wife’s consent. In other cases, a couple may mutually agree to end their marriage through the khula process. Regardless of the method chosen, a couple must complete a waiting period of at least three months (known as iddah) before the divorce can be finalized under Islamic law.

In addition to following proper religious laws when terminating marriage, a couple must also meet a number of requirements in order to dissolve their legal partnership. You can choose to have a legal separation during the iddah waiting period and this separation can be extended for a longer period of time or even indefinitely. This will allow them to live separate lives but remain legally married. This can have several advantages, e.g. B. the ability for one spouse to maintain coverage under the other spouse’s policy. If the couple wants to finalize their separation, they can finalize the divorce process at any time in the future.

In Illinois, the legal separation process is similar to a divorce, and a couple must deal with several issues about how affairs will be handled in the future. While a couple can reach agreement on some issues, if they cannot agree on matters like child custody or spousal support payments, a family judge can make the final decisions. However, a couple must reach an agreement that deals with the division of marital property, and a judge can only approve their agreement or reject an agreement that is deemed unreasonable because it is grossly unfair to a spouse.

Contact our DuPage County Separation Attorneys

If you believe that legal separation is right for you, either as a temporary arrangement while you decide whether to proceed with your divorce or as a more permanent solution, Farooqi & Husain Law Firm can explain your options and represent you. We will work with you to find the best ways to resolve matters when you separate from your spouse and we will help you resolve any legal issues that may affect you and your family. For legal help with family-related issues, contact our Oakbrook Terrace Legal Separation Attorneys at 630-909-9114 and schedule a confidential consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.learnreligions.com/steps-to-an-islamic-divorce-2004442

https://www.brandeis.edu/projects/fse/muslim/divorce.html

Khula literally means “extinction” in Arabic. See Radd-ul-Muhtar, Vol. II, p. 916. Khula is mentioned in the Quran in Chapter II, verse 229 and in Chapter IV, verse 127. II, Syed Ameer Ali, Kitab Bhavan: New Delhi: 1996, p. 466-477; Muslim Marriage, Divorce and Alimony Law, M.A. Qureshi, Deep & Deep Publications: New Delhi (1992), p. 266; Fyzee, p. 163-66; Mulla’s Principles of Mahomedan Law, 19th ed., M. Hidayatullah and Arshad Hidayatullah, N.M. Tripathi Private Ltd.: Bombay (1999), p. 265-67.

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 women have the exclusive right to enter a khula. Ameer Ali, p. 469. “The woman’s right to khula parallels the man’s right to talaq. Like the latter, the former is unconditional. It is indeed a mockery of the Shariat that we consider khula to be dependent on either the man’s consent or the judgment of the qazi. The law of Islam is not responsible for depriving Muslim women of their right in this regard.” Syed Abdul A’la Maududi, in Huquq-uz-Zaujain, 9th ed., Lahore 1964, pp. 61, 77-79 , translated from Urdu in The Muslim Law of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New Delhi (2002), p. 99

Although a khula is effective once the spouses agree to the amount to be given to the husband, usually the amount of mahr (dowry) he gave her at the time of their nikah (marriage) iwaz (return) is not obligatory for the Khula takes effect. Mahmud, p. 98; Fyzee, p. 164-65, Ameer Ali, p. 468. Contemplation in the Khula is usually part or all of the Mahr. Fyzee, p. 163

Ila’ is mentioned in the Shariah law of 1937. In ila’, the husband swears not to have sexual intercourse with his wife and must abstain for at least four months, after which the marriage is automatically dissolved according to Hanafi law. However, Ithna Asharis and Shafi’is require a trial. Fyzee, p. 162

Zihar is also mentioned in the 1937 Shariat Act. In Zihar, the husband swears that his wife is like “his mother’s back” to him. After the husband has said so under oath, the wife has the right to go to court and obtain a divorce decree or the restoration of marital rights. Fyzee, p. 162

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This article written by Anubhav Pandey talks – How Muslim women can divorce their husband according to Muslim law/Sharia law.

In Muslim Sharia law or Muslim law, divorce is considered evil, but sometimes that evil becomes necessary. Here is an in-depth article on what Muslim women should do to divorce their husband in India.

Muslim women in India can divorce their husband in two common ways:

One is through their personal Sharia law through Tafweez and Lian.

The other by statutory provision in the Dissolution of Muslim Marriage Act 1938.

However, personal Sharia law divorces must be examined by Quazi, mainly under the regulations of the All India Muslims Personal Law Board (AIMPLB).

Talaq-i-Tafweez

Islam gave the woman the right to initiate the process to get out of the marriage or to apply for divorce on grounds recognized by Muslim law (or Shariya law). It is no longer a husband’s exclusive domain to end the marriage contract by unilaterally pronouncing talaq. Although the woman has no right to pronounce talaq unless her husband has conferred such power on her at the time of marriage, nevertheless she has the right to apply for divorce through the intervention of qazi (court) on grounds put forward by her or by mutual agreement on the terms agreed by the parties. This is the wife’s exercise of talaq’s divorce right through the authority conferred on her by her husband, who is of legal age at the time of marriage or even thereafter. The husband’s transfer of the right to divorce in favor of the wife can be conditional or unconditional. However, it is not revocable. [1] It has also been stated that the mere fact that the husband has delegated to the wife the authority to pronounce her own talaq does not deprive the husband of his right to pronounce the talaq.

In Talaq-i Tafweez, the wife is required to divorce her husband as husband’s consent is essential to tafweez.

In Talaq-i-Tafweez, the husband delegates his divorce rights to any person, even his wife as agent, and that person has the right to grant a divorce on the husband’s behalf.

Divorce by Talaq-i-Tafweez may depend on the possibility of a condition occurring or not occurring, and this condition most often occurs when men are cruel to their wives or unable to take care of them financially.

The right of remarriage of the divorced couple whose marriage is dissolved by the wife must of course depend on the type of talaq chosen by the wife.

“The doctrine of delegation of authority to divorce is based on an incident mentioned in the Qur’an in which the Prophet told his wives that they were free to live with him or be separated from him as they wished.”[2]

lian

It is a husband’s allegation of adultery to the wife that entitles her to file a lawsuit for dissolution and divorce if she proves the charges wrong. According to Muslim law, the marriage lasts until the judge makes a decision and there are mutual inheritance rights if one of the couple dies before the judgment is passed.

According to Lian’s teaching, in order to dissolve such a marriage, the court must judicially determine whether or not a charge of adultery was wrongly brought and whether or not the husband resigned from the charges.

Since the Mohammedan law of evidence is no longer in force and the ordinary civil courts have taken the place of Qazis, these courts are the authorities which should issue a decree dissolving the marriage if they are satisfied, according to the ordinary rules of evidence, that it is is a forgery The imputation was made by the husband. It is unnecessary to follow the formalities of lian according to the strict Mohammedan law.

If a Muslim husband falsely accused his wife of adultery and when the wife brought an action for the dissolution of the marriage, he admitted the falsehood of the accusation but tried to justify his accusation at the time, it is sufficient to assume that the husband did so has withdrawn from his charge.

Here is the Muslim Law Divorce Procedure of Lian-

Accusation of adultery (zina) by husband against wife.

Ordinary action brought by the accused wife in family court.

If the husband recants or vindicates, the allegations are proven and a valid ground for divorce is established.

However, if the husband insists on his charge of adultery by his wife, four oaths must also be taken by the husband and then four oaths by the wife to prove her innocence, and if proven, she is entitled to a divorce.

This was the procedure of how to divorce Muslim women in India according to the method of Lian.

Remarriage: The remarriage of the couple whose marriage is dissolved by Lian is forbidden in perpetuity. There is an absolute ban on remarriage.

It should be noted that the remarriage of the couple whose marriage was dissolved by Lian is possible under the Special Marriage Act if the conditions set out therein are met. Such a marriage under the Special Marriage Act is perfectly legal.[3]

Dissolution of Muslim Marriage Law, 1939

Tafweez and Lian are not the only two ways that give the Muslim wife the right to file for divorce, and that too through the instrumentality of the court. The husband’s impotence was also recognized as a reason for dissolution[4].

For no other reason, however valid or reasonable, does Muslim law permit Muslim women to sever the marriage bond of their own accord. In order to relieve Muslim women from the misery of improper marriages, the Muslim Marriage Dissolution Act of 1939 was enacted. Both the customary duties and the legal duties are paralleled before a divorce is granted.

According to the rules, Muslim women in India can divorce under the Dissolution of Muslim Marriage Act 1939 as follows:

If a husband is missing for a period of 4 months, ie. H. the husband’s whereabouts have not been known for four years. If a woman applies for divorce under this provision on January 1, 2017 and her husband appears within 6 months of the announcement of the decision, i.e. within June 30, 2017, himself or through his agent and testifies to the court that he is willing to give his To perform marriage duties, the court will annul the divorce.

A divorce can be granted if the husband fails or has failed to pay her maintenance for a period of two years.

If the husband has been sentenced to a term of imprisonment of seven years or more. A divorce may only be granted once the judgment has been proven by the competent court.

In this case, if the husband was impotent at the time of the marriage and continues to be impotent, the court will call on the husband to justify his point of view.

If the husband has been mentally ill for two years or has leprosy or an infectious venereal disease. (a disease that is transmitted and transmitted through sexual contact or that is transmitted through semen, vaginal discharge, or blood during sexual intercourse)

If a woman was married before the age of 15 by her father or other guardian, the marriage will be revoked before the age of 18 if the marriage has not yet been consummated (if a sexual relationship has not yet been established).

Cruelty to the woman is also a ground for divorce. Cruelty occurs when the husband does any of the following:

Regularly assaults her or makes her life miserable through cruelty, even if such behavior does not constitute physical abuse.

Associating with women of bad repute or leading a notorious life.

Try to force them into an immoral life.

disposes of their property or prevents them from exercising their legal rights over it.

hinders them from keeping their religious beliefs or practicing them.

If he has more than one wife, he does not treat them fairly according to the injunctions of the Qur’an.

Conversion of Muslim women not an absolute ground for divorce under Muslim law

A married Muslim woman’s renunciation of Islam or her conversion to a faith other than Islam does not in itself dissolve her marriage provided that the woman is entitled following such renunciation or conversion to an order dissolving her marriage to obtain for one of the above reasons. This is further provided that this does not apply to a woman who has converted to Islam from another faith and re-converts to her former faith.

There is one more provision for divorce in Muslim law –

Zihar: This is a mode in which the husband compares his wife to his mother or any other woman to an unlawful extent, giving the wife the right to refuse to her husband until he makes an atonement and, in default, seeks judicial divorce Qasi. This form of divorce is unknown in this country and no case of Zihar has been tried in courts in India.

Kula: This form of dissolution of Muslim marriage is based on consensus between the parties, with the initiative coming from the wife, who pays some heed to the husband to gain his approval by giving up her mahar in whole or in part.

Suggestive Read: Muslim Laws for Women

Rights of Muslim women after divorce

A divorced woman is entitled to –

Adequate and fair provision and maintenance to be provided and paid to her by her ex-husband within the Iddat period.

If she herself is supporting children born to her before or after her divorce, reasonable and equitable provision and maintenance to be made and paid by her ex-husband for a period of two years from the respective dates of birth of those children.

An amount equal to the sum of mahr or dowry payable to her at the time of her marriage or at any time thereafter according to Muslim law.

Any goods given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or husband’s relatives or friends.[5]

Common mistakes Muslim women make after divorce

Don’t panic: After pronouncing talaq, there is a specific Iddat period for 3 menstrual cycles or 3 lunar months or the entire gestation period until the birth of the child. In this period of Iddat, the wife has the right to remain in her husband’s house and even to ask for alimony. Women should not immediately borrow money from their parents. She should try to get a credit card as if the divorce would eventually happen. The husband’s liability in this loan is, if not complete, then for the most part. Don’t commit adultery: Women of emotional imbalance often fall into this trap. Mostly it is found that men seeking divorce often enter into sexual relations with other women during the Iddat period just to ensure that their wife commits adultery and create a sufficient ground for divorce. [6]

That’s all about how Muslim women can divorce their husband according to Muslim law. What do you think, are Muslim women equally entitled to divorce as outlined in Muslim law, or is there another side of the coin that we shall see? Comment below. And yes, don’t forget to share.

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References:

[1] MANU/JK/0455/2015, Mohd. Naseem Bhat V Bilqees Akhtar and Ors[2] Carroll Lucy and Kapoor Harsha, “Talaq-i-Tafwid: The Muslim Woman’s

Contractual Access to Divorce, published by Women Living Under Muslim Laws in 1996,

[3] Justice, Kader, S.k, “Dissolution of Muslim Marriage and Remarriage of the Divorced Couple”, (2004) 1 LW (JS) 41

[4] Altafen vs. Ebrahim (27 All. L.J. 811)

[5] MUSLIM WOMEN (PROTECTION OF RIGHTS UPON DIVORCE) ACT, 1986

[6] http://timesofindia.indiatimes.com/life-style/relationships/man-woman/6-mistakes-women-make-in-a-divorce/articleshow/19033796.cms

Is your nikah legal?

A survey for Channel 4 found that 60% of women in Britain who have had a nikah are not in legal marriages. The most common question we are asked is whether a nikah is legally recognized in the UK. Here are 5 things you need to know.

1. If your nikah is held in England and Wales.

If your nikah is held in a registered building in England and Wales, your marriage is legal under English law. You have legal protection if your marriage ends or your partner dies. Always check that your venue is registered. If this is not the case, you must register your marriage through a separate civil marriage ceremony.

2. If your nikah is kept abroad?

If your marriage was concluded abroad, the question arises whether your nikah is recognized as a valid marriage in this country? If so, then it is also a valid marriage under English law. Always check that your nikah ceremony is recognized as a valid marriage in the country where you are getting married.

3. Why it matters. If your nikah is not legally recognized under English law, you are considered a ‘cohabiting couple’. If your relationship ends or your partner dies, you are not automatically entitled to any financial assets. You can limit yourself to a civil claim, a longer and more expensive option.

4. Your Right to Divorce. You cannot file for divorce in an English court if your nikah is not recognized by law. That’s because the law considers your marriage a “non-marriage.”

5. Your Nikah Nama. Remember that you can establish your right to an Islamic divorce in your nikah nama (marriage contract).

If you would like to explore your options, please contact our team with confidence to book your free 15 minute consultation. Or tap our WhatsApp button on the screen. We speak English, Urdu, Punjabi and French.

Muslim sexual ethics:

divorce

Although it has religious dimensions, Muslim marriage is a contract. Although it can exist until the death of one of the parties, it can also be dissolved before that time. When disharmony arises between spouses, divorce should not be the first solution. The Qur’an encourages reconciliation through negotiated agreements between the spouses themselves or through the use of arbitrators from their families. However, if “mutual goodwill” is not possible, there should be an amicable farewell. Therefore, the Qur’an treats divorce as permissible but not commendable. Echoing this sentiment, Prophet Muhammad is reported to have said that of all things that are lawful, divorce is the most hated of God.

Moving from Scripture to the realm of jurisprudence, the term “divorce” encompasses several ways of ending a marriage. The most common is talaq, which literally means “release”. Talaq is a unilateral rejection of the wife by the husband and does not require the wife’s consent. She has to wait about three months to make sure she is not pregnant; then she can marry again. However, during this time a husband who has disowned her by talaq has the right to take her back unless it is the third such denial, which is final and irrevocable. (Read more.) A castaway wife retains the dowry she received upon marriage, or, if split into an immediate and deferred portion, the deferred portion becomes due immediately upon divorce. (In some cases, women set a large deferred dowry to discourage their husbands from impulsively divorcing them.)

In khul’, divorce for compensation, a wife returns her dowry or pays some other sum to her husband to obtain a divorce. Traditional jurisprudence considers his assent essential, although it is not mentioned in the Qur’an or in many of the prophetic traditions that refer to it. Khul’ is by definition irrevocable and the husband has no right to take her back, although they may later remarry by mutual consent. Here, too, you have to wait a while.

Besides unilateral rejection and divorce with compensation, both of which are mentioned in the Qur’an, case law allows for judicial divorce if the wife has a reason. Permissible grounds for divorce vary widely between law schools. For example, in the Hanafi school, a woman has almost no reason to divorce provided her husband has consummated the marriage. She cannot be divorced from him even if he does not support her, abuses her, or imprisons her for life. Indeed, if he is declared missing, she can have the marriage dissolved by the time he would have turned 90 (due to presumed widowhood). broad charge of “injury” (darar), which may be physical or otherwise.

According to traditional jurisprudence, there are other strategies women can use to gain access to divorce. These include conditional or delegated divorce, where the wife includes a condition in her marriage contract that gives her the right to divorce on her own initiative under certain circumstances, or declares that she will be automatically divorced if a certain event occurs (e.g. husband takes another wife). There are potential benefits to these types of determinations. However, they are sometimes discussed as a panacea for inequalities in traditional divorce law. Also, some difficulties with this approach are often overlooked. The extent to which such clauses in the marriage contract are enforceable under traditional jurisprudence or in contemporary legal systems varies greatly. Originally valid clauses can easily be overridden by unknowing actions on the part of the wife. More worryingly, while these conditions may improve a woman’s access to divorce, they in no way limit the husband’s right to unilaterally flout them at will.

Attempts to reform divorce laws in the contemporary Muslim world have abounded. Most of them have attempted either to restrict men’s free exercise of their right to opt out or to increase women’s access to divorce. In the first case, some nations have achieved this by requiring some sort of intervention or registration from a judge, or by declaring that three denials issued at the same time count as just one divorce. (This has always been the prevailing Shia view, but few individual Sunni jurists have held it.) Some nations have imposed fines on a husband who divorces his wife without cause. Despite these attempts to curb men’s impulsive and extrajudicial use of talaq, the courts still consider men’s unilateral rejection to have legal effect as they are recognized by traditional jurisprudence.

When it comes to improving women’s access to divorce, the adoption by certain Hanafi jurisdictions of the relatively more liberal Maliki grounds for divorce represents a significant improvement. However, interpretation of these provisions varies widely and judges enjoy some discretion in their application. In Egypt and elsewhere, for example, courts have ruled that while physical abuse can be “harmful” to upper class women, women from lower social classes must expect violence from their husbands and therefore is not a reason for them to seek it Divorce. Although the reforms in these cases have changed some specifics of divorce law, they have not challenged the basic idea that divorce is a man’s prerogative, while women can only be divorced for cause.

A recent Egyptian law, approved by the Chief Juror of Al-Azhar, the most respected institution of traditional jurisprudence in Egypt and perhaps the entire Sunni Muslim world, offers an alternative approach. As mentioned above, most classical jurists and the majority of contemporary national laws consider husband’s consent essential to khul’, divorce in return for compensation. From March 2000, Egypt granted the wife the right to divorce the khul’ without the husband’s consent if she returns the dowry received upon marriage. By the middle of the month, 3,000 petitions for divorce had been filed under these provisions in Cairo alone.

A major reason why the issue of just divorce laws is so difficult to resolve is that the structure of the Islamic marriage contract assumes the husband’s unilateral control of divorce law. (Read more.) Piecemeal divorce law reforms that fail to address this fundamental norm will be limited in the amount of change they can ultimately effect. Therefore, a long-lasting and far-reaching reform of Islamic divorce law requires, more fundamentally, a reform of the laws that govern Muslim marriage itself.

Divorce & Khula Difference between Divorce & Khula

Talaq (Arabic: الطلاق‎) is the Islamic term for divorce. A talaq is used to end a marriage or nikah under the terms of Islamic Sharia. It should be noted that talaq is a right that a husband and wife can exercise only if they are granted the same in their Nikkahnama (marriage contract). If the husband gives talaq, he must also offer haq meher to his wife, while if the wife exercises her right to talaq, she must relinquish her right to haq meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a talaq. Sunni practice does not require witnesses and allows a husband to end a relationship by saying the triple talaq, while Shia scholars consider the triple talaq (in one sitting or simultaneously) to be ajahiliyya, a custom forbidden by Muhammad but by Umar ibn al-Khattab was reintroduced and thus banned. Sunni scholars agree with the facts but still consider it halal (“lawful”). Khula (Arabic: خلع) is a woman’s right to divorce in Islam, meaning separation from her husband. After the divorce, the husband is responsible for raising and supporting the children. The children live with the mother until Hizanat age, which is seven years for the son and puberty for the daughters.

After Hizanat age, the children have the right to live with their father or mother and their opinion will be considered by the court but not taken as the final and deciding factor.

A woman seeks a khula while a man seeks a talaq. The iddah period also allows for the reconciliation of husband and wife. According to Surrat al-Baqarah – Verse: 229 (( Divorce can be (pronounced) twice, then keep (her) in good company or let (her) go with kindness; and it is not lawful for you to take any part of it from you given to them, unless both fear that they cannot keep themselves within the limits of Allah, then if you fear that they cannot keep themselves within the limits of Allah, there is no blame on them for what they do gives up to thereby become free the limits of Allah, so do not transgress them and whoever transgresses the limits of Allah, these are the wrongdoers))

Is your nikah legal?

A survey for Channel 4 found that 60% of women in Britain who have had a nikah are not in legal marriages. The most common question we are asked is whether a nikah is legally recognized in the UK. Here are 5 things you need to know.

1. If your nikah is held in England and Wales.

If your nikah is held in a registered building in England and Wales, your marriage is legal under English law. You have legal protection if your marriage ends or your partner dies. Always check that your venue is registered. If this is not the case, you must register your marriage through a separate civil marriage ceremony.

2. If your nikah is kept abroad?

If your marriage was concluded abroad, the question arises whether your nikah is recognized as a valid marriage in this country? If so, then it is also a valid marriage under English law. Always check that your nikah ceremony is recognized as a valid marriage in the country where you are getting married.

3. Why it matters. If your nikah is not legally recognized under English law, you are considered a ‘cohabiting couple’. If your relationship ends or your partner dies, you are not automatically entitled to any financial assets. You can limit yourself to a civil claim, a longer and more expensive option.

4. Your Right to Divorce. You cannot file for divorce in an English court if your nikah is not recognized by law. That’s because the law considers your marriage a “non-marriage.”

5. Your Nikah Nama. Remember that you can establish your right to an Islamic divorce in your nikah nama (marriage contract).

If you would like to explore your options, please contact our team with confidence to book your free 15 minute consultation. Or tap our WhatsApp button on the screen. We speak English, Urdu, Punjabi and French.

How do I get a divorce certificate?

Zahid Law Associates are experienced Marriage and Divorce Lawyers near me in Pakistan and provide worldwide legal services to foreign Pakistanis including foreigners who have registered marriage in Pakistan under Pakistan Family Law 1961 and are now seeking to dissolve the marriage by khula / court divorce .

Definition for Khula (Judicial Divorce):

Khula Divorce – Khula Procedures in Pakistan and How to Obtain a Divorce Certificate. The wife’s divorce right called khula (judicial divorce) can be applied for in the family court, which seeks the dissolution of the marriage by khula. The right of khula is the legal and Islamic right granted to the Muslim women to divorce their husband without his consent while he refused to divorce his wife. So the question is: how do I get a divorce certificate?

Under the Pakistan Family Law 1961, the judicial khula should be authorized without the husband’s consent if the wife is willing to relinquish her financial rights.

Zahid Law Associates provides legal assistance in providing reliable filing and resolution for marital disputes and we will teach you how to obtain a divorce certificate. Regardless of whether the marriage has been dissolved by Divorce (Talaq) Khula or court divorce, it is important that the legal procedures provided for Khula are properly conducted or a court divorce can be applied for through the family courts in Pakistan.

Zahid Law Associates always ensures all legal aspects of separation cases. Failure to do so can raise issues regarding the effectiveness of the divorce and lead to serious legal problems, such as a case of “bigamy” or complications in resolving divorce-related disputes, such as past alimony or the claiming of alimony deferred dowry amount (Haq-e-More). The paternity of children can also be questioned.

Apart from any divorce decree, the woman must apply to the Union Council for a certificate of divorce called the NADRA Divorce Certificate or NADRA Khula Certificate and we will ensure that you receive a certificate of divorce under the Dissolution of Muslim Marriages Act 1961. The following issues can be the reasons for which a woman can apply for court divorce (khula):

Reasons for Judicial Divorce / Khula:

Deserted by husband for 4 years

non-receipt for two years

Husband enters into polygamous marriage in violation of established legal process

7 years imprisonment of the husband

Husband’s failure to fulfill marital obligations for 3 years

Constant impotence of the husband since marriage

Man’s madness for 2 years or his serious illness

Any other reason recognized by Muslim law as valid for dissolution of marriage

Additional reasons:

The wife can exercise her puberty option if she was married by her guardian before the age of 16 and the marriage before the age of 18 (if the marriage was not consummated) is due to the husband’s cruelty (including physical or other abuse, unequal treatment of fellow wives) and any other grounds recognized by Muslim law as valid for dissolution of marriage.

Procedure for Khula (Judicial Divorce) & How to Obtain a Divorce Certificate:

The woman must waive her dowry (Haq-e-mehr) when filing a lawsuit for Khula if she is not paid. Anything gifted to the wife by the husband or the husband’s family need not necessarily be returned for bridal gifts. The court can decide how much and what to recover based on the facts and other evidence of the case. But in the event that the wife’s failure to repay such gifted items does not invalidate Khula, the husband must file a separate lawsuit to recover such gifted items.

After hearing the case for Khula, the family court may issue an executive order directing them to send a summons to the chairman of the Arbitration Council or Union Council prompting the parties to reconcile within 30 days, otherwise the Khula Executive Order may be revoked after 90 days days come into force in the event that the husband and wife do not meet. The family court can also issue a decree and send the notification to the Union Council, which acts as if it had received the notification from Talaq and once the “iddat period” (90 days) over the khula comes into effect.

What does “khula” mean?

Khula is the right of a wife in Islam to request the dissolution of the marriage from her husband through the intervention of the court. A woman seeks a ‘khula’ while the man gives a ‘talaq’.

Can a husband and wife dissolve their marriage by mutual consent?

Yes, they can dissolve their marriage by mutual consent; the said divorce is called “Talaq-e-Mubarat”, the literal meaning of Mubarat is “obtaining release from each other”. The offer of separation in Mubarat can come from either the wife or the husband and once accepted the dissolution is complete.

What is the child custody law for divorced couples in Pakistan?

Guardian and Wards Act is the law, the Family Courts can also hear actions relating to custody of children under the Family Courts Act 1964. As a general rule, the interests and best interests of the minor child should be paramount.

What procedure should a husband use to divorce his wife in Pakistan?

According to the Muslim Family Law Ordinance, any man wishing to divorce his wife must notify the head of the Union Council in writing as soon as possible after the promulgation of talaq/divorce in any form and also send a copy to the wife. An arbitral tribunal will be formed within thirty days of receipt of the Talaq Chairman’s notification to bring about a reconciliation between the parties, and after ninety days the divorce will come into effect if reconciliation fails.

Can a Muslim wife declare a divorce?

Yes, the wife can grant divorce if she has a right of divorce (Talaq-e-Tafweez) delegated by her husband in Nikahnama (marriage contract) according to the terms agreed between husband and wife.

How do I get a NADRA divorce certificate?

Khula literally means “extinction” in Arabic. See Radd-ul-Muhtar, Vol. II, p. 916. Khula is mentioned in the Quran in Chapter II, verse 229 and in Chapter IV, verse 127. II, Syed Ameer Ali, Kitab Bhavan: New Delhi: 1996, p. 466-477; Muslim Marriage, Divorce and Alimony Law, M.A. Qureshi, Deep & Deep Publications: New Delhi (1992), p. 266; Fyzee, p. 163-66; Mulla’s Principles of Mahomedan Law, 19th ed., M. Hidayatullah and Arshad Hidayatullah, N.M. Tripathi Private Ltd.: Bombay (1999), p. 265-67.

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 women have the exclusive right to enter a khula. Ameer Ali, p. 469. “The woman’s right to khula parallels the man’s right to talaq. Like the latter, the former is unconditional. It is indeed a mockery of the Shariat that we consider khula to be dependent on either the man’s consent or the judgment of the qazi. The law of Islam is not responsible for depriving Muslim women of their right in this regard.” Syed Abdul A’la Maududi, in Huquq-uz-Zaujain, 9th ed., Lahore 1964, pp. 61, 77-79 , translated from Urdu in The Muslim Law of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New Delhi (2002), p. 99

Although a khula is effective once the spouses agree to the amount to be given to the husband, usually the amount of mahr (dowry) he gave her at the time of their nikah (marriage) iwaz (return) is not obligatory for the Khula takes effect. Mahmud, p. 98; Fyzee, p. 164-65, Ameer Ali, p. 468. Contemplation in the Khula is usually part or all of the Mahr. Fyzee, p. 163

Ila’ is mentioned in the Shariah law of 1937. In ila’, the husband swears not to have sexual intercourse with his wife and must abstain for at least four months, after which the marriage is automatically dissolved according to Hanafi law. However, Ithna Asharis and Shafi’is require a trial. Fyzee, p. 162

Zihar is also mentioned in the 1937 Shariat Act. In Zihar, the husband swears that his wife is like “his mother’s back” to him. After the husband has said so under oath, the wife has the right to go to court and obtain a divorce decree or the restoration of marital rights. Fyzee, p. 162

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