How Much Does Khula Cost? Quick Answer

Islamic Divorce Procedure

Khulʿ (Arabic: خلع‎), also called Khula, is a process by which a woman in Islam can divorce her husband by returning the dowry (mahr) or something else she received from her husband or returns nothing as agreed by the spouses or qadis (court) decree, depending on the circumstances.[1] Based on traditional fiqh and mentioned 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 Koran.

Divorce is twice. Then either keep [them] in an acceptable manner or release them with good treatment. And it is not permissible for you to take anything from what you have given them unless both fear that they cannot keep within the limits of Allah. But if you fear that they will not keep the limits of Allah, then none of them are to blame for what they ransom with. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah, those are the wrongdoers. — 2:229

And if a woman fears contempt or subterfuge from her husband, there is no sin on her if they come to an agreement between them – and agreement is best. And in [human] souls there is stinginess. But if you do good and fear Allah, then surely Allah is always familiar with what you do. — 4:128

Hadith[ edit ]

The most famous story related to khul’, which serves as a basis for legal interpretations, is the story of Jamilah, the wife of Thabit ibn Qays:[2]

Narrated by Ibn ‘Abbas: The wife of Thabit bin Qais came to the Prophet and said: “O Allah’s Apostle! I do not blame Thabit for any faults in his character or religion, but I, as a Muslim, do not like to be un-Islamic Wise if I stay with him.” Thereupon Allah’s Apostle said to her: “Will you return the garden that your husband gave you as a mahr?” She said yes.” Then the Prophet Thabit commanded: “O Thabit! Accept your garden and part with 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 dowry (mahr) given to the wife. However, some interpretations suggest that the husband is entitled to greater compensation, while other interpretations suggest that the husband is not entitled to compensation.[4] According to some interpretations, khulʿ requires that the mahr already paid be returned along with wedding gifts. According to the majority of Imams of Fiqh, this law applies only when the husband is not at fault. Men sometimes prefer and pressure their wives to demand a khulʿ rather than the husband pronouncing a talaq so that the husband can demand the return of the mahr. Another scenario that rarely occurs in khulʿ is that the husband demands improper financial compensation. This can effectively discourage them from seeking khulʿ because they have no way of supporting themselves financially with the loss of their mahr and other nuptial “gifts”.[5]

Husband’s consent[edit]

Regarding husband’s consent, most schools [which ones?] agree that husband’s consent is a fundamental procedure and essential for the granting of divorce, unless extenuating circumstances exist, while few schools agree Judges allow no-fault divorce to be granted Husband’s consent if she renounces mahr. In a fault-based divorce, the husband does not have to consent if the grounds for the divorce are valid, such as B. Cruelty (darar) or impotence (if not disclosed to the bride at the time of marriage). In addition, a wife may be granted khulʿ when a husband is unable to meet his wife’s basic marital obligations such as housing or maintenance.[6] If the woman is a minor, the consent of the legal guardian must be present.[7] In particular, the details of the laws of Khulʿ cannot be found directly in the Qur’an, so a Sharia court judge must distinguish from the historical cases of hadith and Islamic jurisprudence what he believes to be valid grounds for divorce.[8]

Role of the court[edit]

Views on the role of the court and judge vary across schools, depending on whether or not the divorce is viewed as a form of talaq (annulment of the marriage by the husband) or as a judicial annulment. If the husband does not agree to the divorce, a woman often goes to an intermediary, such as an imam. Only a person versed in Islamic law, i. H. a qadi, or Islamic Sharia court judge, may grant the khulʿ without the husband’s consent. If an application for khulʿ is filed with the Sharia courts, a judge may replace the husband and annul the marriage. This process of judicial annulment, also commonly referred to as faskh, typically occurs when the husband refuses to consent to the wife’s divorce decision.[9]

Iddah[ edit ]

When a woman is granted divorce by khulʿ, she must complete 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 time for khul’ is the same as the waiting time for divorce, and a minority opinion limits it to a single time. [10] If a woman has already gone through the menopause, she has to wait three calendar months. The waiting time for a woman who has irregular periods is subject to different interpretations. If a woman is pregnant or becomes pregnant while waiting, she must wait until laying down.[11]

Custody [ edit ]

Custody of children tends to favor the mother if she has not remarried, but the father remains obligated to provide childcare. Once a child is old enough (7 for males, 9 for females) they have the choice to decide who has custody according to Shafii, or custody is automatically transferred to the father according to the Hanbali school or to the mother according to the Maliki- school.[12]

Interpretations by region[ edit ]

Egypt[ edit ]

A form of khulʿ was introduced by Egypt in 2000 that allowed a Muslim woman to divorce her husband without 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 divorce, the wife waives any financial claim against the husband and any claim to the marital home.[13] The Islamic khulʿ procedure was also used by some Egyptian Christian women to obtain a no-fault divorce and is viewed by some as an opportunity for their empowerment vis-à-vis patriarchal institutions.[14]

Iraq[ edit ]

Iraq is unique in that the law states that infidelity is a valid ground for divorce. It is also permissible for a woman to seek khul’ if her husband is barren and they have no children.[15] If a woman is granted khulʿ, the compensation may be greater or less than the dowry (if the husband is not at fault).[16]

Jordan, Morocco and Syria[ edit ]

If a woman is coerced or harassed by her husband in Morocco, the husband is not entitled to any compensation. In Morocco and Syria, compensation other than money may include child care or custody. In Jordan, a new law was recently passed allowing a woman to end her marriage using the principle of khulʿ herself when returning her dowry. It used to be given only for specific reasons. Within the first two years of the passage of this law, the courts saw an exponential increase in khulʿ lawsuits. However, the law still has to be passed by Parliament and has been 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 sufficient compensation, alone or with the help of family, she is likely to emerge from 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 among Muslims in North America was 32%, which was significantly lower than the 51% rate for the general population.[19] Additionally, a 2009 study conducted in North America for SoundVision, an Islamic foundation, concluded that 64% of Islamic divorces are initiated by women.[20] Imams in North America have adopted several approaches towards khulʿ. One of the biggest issues causing imams to differ in their views is whether or not the wives should return the mahr to the husband. Another important issue for women in North America is both civil and religious divorce. Religious divorce is sought as “a meaningful personal and spiritual process” achieved in addition to (not as a substitute for) a civil judgment. Another major problem in North America is that many women are unaware of their Islamic right to seek khulʿ. Some North American women even warn that being assertive and knowledgeable of Islamic law in front of their imam could actually harm them. Women have said that imams seem “less sympathetic” because they see women as challengers to their authority.[21]

Pakistan[ edit ]

Under the “Muslim Marriage Dissolution Act” passed in 1939, judicial khula was permitted without the husband’s consent, later extended to no-fault divorce if the wife had agreed to forfeit her financial rights.[22] Marriage is not considered a sacrament among Muslims, but rather a civil contract with “spiritual-moral” undertones. Therefore, the marriage can legally be dissolved for “good cause”. The wife has the right to dissolve the marriage under Khula law if she decides that she cannot live with her husband. There are two distinct classes of khula in Pakistan. The first (i) is by mutual agreement; and (ii) by ordering the court qadi and dissolving the marriage by pronouncing the husband’s talaq in the first class of cases and by ordering the qadi or court in the second class of cases. The Koran declares: “Women have similar rights against men as themselves.”[23] The wife alone wants to divorce her husband; and there are two ways for her to obtain this divorce or “khula” (i) She demands from her husband that she no longer wishes to remain married to him and the husband declares the divorce to her (ii) If her husband not ready is to grant her a divorce, within her Sharia the wife has the right to go to a Sharia court and present her divorce case to the Sharia judge. The judge would then subpoena the husband and ask him to declare his wife’s divorce and absolve her of the marriage. If the husband refuses for any reason, the Sharia judge has the right to pronounce divorce between the husband and wife in the marriage.[24]

Saudi Arabia[edit]

In Saudi Arabia, wives who have been conferred khulʿ in Saudi Arabia are required to compensate their husbands financially or gift marriage contracts unless the husband has harmed her. Sometimes this can include custody of their children. Aside from the dowry, it is also common for the wife, particularly in the case of newlyweds, to reimburse the cost of the marriage. Older women in Saudi Arabia generally do not support khulʿ. They believe the increased number of khulʿ requests is the result of Western influences from Saudi culture. Mainly the new belief that women should also pursue financial endeavors. In Saudi Arabia, women can lose if they are awarded khulʿ. Because often they cannot take care of themselves.[25]

Yemen[edit]

In Yemen, khulʿ is recognized as a court-supervised annulment. Alcoholism, prison sentences of more than three years, impotence, mental weakness and hatred are valid reasons for a woman to seek khulʿ. While domestic violence is not always considered valid, it is against the law in Yemen for husbands to physically or emotionally harm their wives.[26]

References[ edit ]

Further reading[edit]

Reasons a woman may seek Khula include:

1) desertion by husband for four years,

2) Failure to support wife for two years

3) Husband enters into polygamous marriage contrary to established legal procedures,

4) seven-year imprisonment of the husband,

5) failure of the husband to fulfill marital obligations for three years,

6) Husband’s continued impotence since marriage

7) The husband’s madness for two years or his serious illness

8) Exercising the puberty option by the wife if she was contracted by a guardian before the age of 16 and the marriage annulled before the age of 18 (if the marriage was not consummated),

9) cruelty of the husband (including physical or other abuse, unequal treatment of wives),

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

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.

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?

There are other complicated scenarios to consider for Khula. For example, a “khul” agreement may be made with someone other than the wife. An Islamic Khula UK Muftis can be the result when a stranger asks a man to divorce his wife for a sum he is willing to pay. In some cases, according to Sharia law, such a divorce can later be maintained or annulled if the wife is unaware and refuses her consent after learning of it. In such cases, the stranger may have to pay a ransom to the divorced (Rahmat al-ummah and Farq al-zawaj from al-Ustadh al-Khafif). What a mess! And these aren’t the only problems you may encounter, the Khula process in the UK has a lot more to offer. Do you really want to wreck your life in such troubles when you could get a Sharia expert’s advice before doing the whole thing? Request a call to speak to our Shariah experts.

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.

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

150 votes

Yes, she can start divorce proceedings without your consent if her reason for divorce falls under the following reasons and there are two options for a Muslim woman to divorce her husband

1. Personal Sharia Law

If the husband accuses the wife of adultery or if the husband delegates his divorce rights to the wife, the wife does not need the husband’s permission to divorce in these circumstances.

2. Dissolution of Muslim Marriage Law, 1938

a. The husband suffers from impotence and the impotence persists

b. Husband has been missing for 4 years

c. Husband neglects and fails to provide for wife for 2 years

i.e. Husband suffering from leprosy or a malignant venereal disease

e. Underage marriage, i.e. before the woman turns 15

f. Cruelty to wife Hope this information helps you

Hope this information helps.

Disclaimer: The answer to your request is of a general nature and does not constitute legal advice and is not intended to offer a solution to an individual problem. The answer does not establish an attorney-client relationship. Readers are cautioned not to attempt to resolve individual problems based on the information contained herein and are strongly encouraged to seek competent legal counsel in the appropriate jurisdiction. The firm, its attorneys and employees shall not be held responsible for the consequences of any action taken by readers who rely on the information provided herein. The law firm expressly disclaims any liability with regard to actions taken or not taken as a result of the content of this site.

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))

• Granting of Divorce by the Husband – Talaq

•Agreed separation between the parties – Khula

• Dissolution of Marriage – Faskh-e-Nikah

•When power is transferred from Talaq to woman – Tafweedh-e-Talaq

Many of my Muslim clients tell me how they separated from an Islamic point of view. Muslims around the world believe that when they marry, they should marry first in the eyes of God, and if a separate registry needs to be done, it can be done at a later date. This is sometimes postponed indefinitely as the couple often believe they performed the main ceremony, the Islamic Nikah ceremony. This is especially true for Muslims in Britain, discussed earlier in my article The Great Islamic Nikah Myth. So when Muslims separate, a similar mindset prevails and they believe that Islamic separation must happen as soon as possible – they are no longer married in the eyes of God. Unfortunately, this is where the problems start. Divorce (talaq) is permissible in Islam but still frowned upon due to the cultural traditions of Muslims in Britain (a large majority hail from the Asian subcontinent). This has led to very little literacy among Muslims about the correct pronunciation of talaq as it is still a major taboo subject. And as always with ignorance, this has led to many Muslims mispronouncing divorces, which, while still effective, has had devastating consequences for the separating couples and their families. This is important because, as you will see later, the nature of the separation influences various factors within the marriage, such as Main methods of separation in Islam: Contrary to English law where neither party has the power to grant the divorce, and it is in the hands of the judge, Islamic law places power in the hands of the man or the woman (depending on the type of separation used). Additionally, each of the above methods is a different type of breakup that can be performed by different parties. For example, talaq is man’s unilateral right and can only be given by him. However, if he agrees to transfer his power over talaq, the wife also has the same right, known as tafweedh-e-talaq.

In this article, Priyanship Pandey discusses the provision of Iddat under Muslim Personal Law.

introduction

Iddah or Iddat is an Arabic term meaning waiting time and is observed by Muslim women. It is a period of chastity that a Muslim woman must observe after the dissolution of her marriage due to her husband’s death or through divorce before she can legally remarry. The reason for observing the Iddat period is to determine whether the woman is pregnant or not and to acknowledge the certainty of paternity.

The Iddat period varies in different cases

a divorced woman keeps it for 3 months, while a woman whose husband has died keeps it four lunar months and ten days after her husband’s death, whether the marriage has been consummated or not.

The Iddat period lasts for divorced women who are pregnant until childbirth or miscarriage.

If a woman is pregnant at the time of husband’s death, she keeps Iddat for a whole year consisting of nine months for pregnancy and three months for Iddat period.

This period is considered by some Islamic scholars to be compensatory as it provides ample time to mourn the death of her husband and also protects the widow from criticism that she may be remarried too quickly after her husband’s death. This period mainly helps in determining whether a woman is pregnant or not, since four and a half months is half the length of a normal pregnancy, if there is one. According to Muslim law, the husband must make a will in favor of his wives to provide one year of residence and maintenance unless the wives leave home of their own free will.

(Al-Baqarah 2:234-235) of the Qur’an records the following things about iddah in the form of verses-

The observation period for a widow is four months and ten days. During this period, a woman cannot marry another man. If one wishes to marry a widowed or divorced woman, he can socially declare his intentions during the iddat period should there be no clandestine marriage commitment with the widow. After the period of four months and ten days has expired, a marriage contract can be concluded, which contains the time and place for marriage rituals.

Place to watch Iddah

It is obligatory to observe the Iddat time in the same house where the wife had her permanent residence at the time of her husband’s death or in case of dissolution of the marriage. If a woman receives news of her husband’s death during a journey, she is said to return immediately to her place of residence to celebrate her iddah provided that her home is within reach and not beyond, otherwise she might return there reaching the destination. A woman sent to her parents’ house should return to her husband’s house after the death of her husband to complete her iddat there, since according to the rule iddat is completed in the house which is a wife’s permanent residence. Her parents’ house is not considered her permanent residence.

Rules of the Iddat

Certain things are forbidden to Muslim women during the Iddat period. In Muslim personal law, the term “haraam” is used for strictly forbidden things, such as

It is haraam for a woman to indulge in activities of beautification by makeup or otherwise during iddat.

She is forbidden to wear silk dresses or other conspicuous clothing. There is no specific color prescribed to be worn during this time, such as black or white or anything, just a simple and plain dress would suffice.

She is not allowed to leave the house until the end of the Iddat period unless there is an emergency such as basic needs or a medical illness of such a magnitude that it is not possible to arrange a home visit by a doctor.

She is obligated to mourn her husband by praying to Allah (God) and supplicating Allah-Subhanahu for her husband and for herself.

There is no restriction on seeing the moon or the mirror as some people try to enforce these restrictions in the name of Islam.

Start of Iddah/Iddat

The iddah period begins right after the death of the husband or after a divorce for the Muslim wife. Despite their ignorance of observing iddah, it would in no way be deemed due or compromised.

If she did not receive the news of her husband’s passing in time but found out about it within the prescribed iddah time, she is obliged to keep it for the remaining days of the iddah time. If she receives the news at a later time, when the iddah period has already passed, she is not obliged to know it. Time counts from the time of the husband’s death or the time of the divorce.

Marriage ban during Iddat

The Qur’an allows only the socially acceptable manner of declaring intention to marry a woman observing Iddat, all other direct propositions or secret commitments are strictly forbidden. After the end of the iddah period, the women can legally enter into a second marriage contract. A marriage contracted during the iddah period is not recognized in Islamic law and is considered null and void.

Stay at home during Iddat

During the iddah period, the woman is deprived of everything outside the premises of her late husband’s house. It is not lawful (haraam) for her to leave her home if she has sufficient resources for basic needs. She is only allowed to leave the house if she is the sole breadwinner and has no other source of income to support her livelihood. She is only allowed to work during the day and must return home before dark. She does not have to confine herself to a certain room or remain silent, she can do household chores or engage in virtuous actions or pray to Allah. She is allowed to leave the home for emergency medical treatment accompanied by Mehram (a male family member whom Islamic law prohibits her from marrying). She is forbidden from attending funerals or visiting the sick, although they might be close relatives or immediate neighbors. She is allowed to move out of the deceased husband’s house if there are no adequate accommodations in the house or the remaining heirs do not allow her to use the deceased’s property or she has difficulty in maintaining the purdah required in Islam. If the woman cannot pay for the rented house, she can move to the next available safe place where she must complete her iddah period. If she is the only occupant of the house in which the iddah must be passed, but the fear of being alone is so great that it could lead to mental illness or other defects, she may move to another house. A reasonable level of anxiety does not allow leaving the house. If the house is in a state of disrepair and is in danger of collapsing or collapsing in the foreseeable future, or if it is not unsecured, which could jeopardize the woman’s chastity or honor or life, she may move from that place. But as soon as the cause of the danger is eliminated, she is obliged to return to her house.

In all of the above cases, utmost care must be taken such as –

The cause must be true and genuine

She must proceed to the nearest safe location available.

Once she has changed house, before completing her iddah, she must not move to another place without a valid reason.

Maintenance during Iddat

During the iddah period, a Muslim wife is not entitled to claim alimony from her husband’s estate as she herself is his heir. Because the maintenance obligation for the wife lies only with the husband and not with the other heirs. If she has neither received nor renounced her dowry (More), she would be entitled to receive it as a first charge from his estate.

Rules for compliance with Iddat

There are two verses in the Qur’an regarding observance of the “iddah of death” known as ayahs. These ayas signify the importance of iddah –

Loud (AI.Baqarah – 234) –

“and (what) those of you who die and leave women behind, such women should wait four months and ten days.”

For pregnant women aloud (Al-Talaaq – 4) –

“And it is their appointed time for women who are pregnant to lay down their burdens”

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In the past, the Kerala High Court has made many landmark judgments in relation to Muslim divorce. This month a divisional bench of the High Court considered the issue of the conditions in ‘Khula’, a divorce initiated by the wife. The legal question before the court was whether a Muslim wife, having decided to leave the marriage for reasons she deems appropriate, has the right to seek a unilateral non-judicial divorce by khula against her husband.

There is no doubt that a Muslim woman can divorce her husband unilaterally without judicial intervention if the husband has contractually delegated the right to divorce to his wife. The second method is consensual divorce through the process called Mubaarat. Another divorce right of a Muslim woman is the khula, where she decides to end the marriage. This process can be referred to as woman-initiated talaq. Until now, ulemas, particularly of the Hanafi school, have interpreted that khula can only be exercised if the husband complies with the wife’s request. If he refuses, the woman has no choice but to appeal to the courts under the provisions of the 1939 Law on the Dissolution of Muslim Marriage.

The Kerala Supreme Court holds that the wife’s obligation to go to court on Khula’s behalf thwarts the right she is guaranteed in Personal Law, which is largely based on two main sources – the Qur’an and Hadith (the words or deeds of the prophets). The court draws an analogy from the husband’s right to pronounce unilateral talaq to say that both are of a similar nature, adding that the husband’s consent as a condition in khula is incorrect. The ruling further clarifies that the right to pronounce khula is an “absolute right” vested in the married Muslim woman and does not require any specific reason to be invoked once a statement by the wife denying the marriage has been received or to end. It also states that the right to pronounce khula cannot be invalidated in the event that the woman does not offer to return the dowry or other material gain received during the livelihood of the marriage at the time of said promulgation. The only thing the woman must do before pronouncing khula is to seek reconciliation – just as a man is required to do before pronouncing the husband-initiated talaq, as in the Supreme Court’s Shamim Ara ruling (2002 ) explained.

However, a reading of the ruling suggests that despite clear suggestions as to the absoluteness of the wife’s right to invoke Khula, she still has an obligation to address the court. She used to be able to appeal to the court under the 1939 law, which according to that ruling applies only to Faskh-e-Nikah, loosely translated as annulment or dissolution of the marriage by a judicial or quasi-judicial authority.

According to the judgment, following the delivery of Khula, the wife will seek redress under the Family Courts Act 1984 in lieu of the 1939 Act. The court proceeding is a summary proceeding to declare the wife’s right. According to the law, if the husband wishes to challenge the validity of such an appeal, he is free to do so in a separate procedure. But if we read the grounds for dissolution of marriage in the 1939 Act, they are of a mixed nature and not exclusive to the annulment of marriage, especially when it declares that it can be used for any other reason that is considered valid for dissolution the marriage is recognized according to Muslim law. This is important because in legal parlance the terms “cancellation” and “dissolution” have different legal consequences. Here the Supreme Court is unclear when it says that the 1939 law is only used for Faskh-e-Nikah.

The All India Muslim Personal Law Board agreed with the ruling to the extent that it recognized khula as an out-of-court remedy, but objected to the depiction of khula as a unilaterally exercisable privilege without the consent of the husband. According to the board, husband’s consent is a requirement in Khula’s trial. On the issue of returning the gifts and the more (dowry), the court says that Khula does not depend on the fulfillment of such obligations by the wife, since they are only “procedural aspects”. The court further clarifies that the Qur’an confers on a Muslim wife the right of khula to annul her marriage without prescribing any procedure, adding that “fairness is a matter of relative consideration in a context to be followed when such a course of action is chosen by a wife”. .

The court interpreted correct verses of the Koran and said that the right to khula was an unconditional right of the woman. It quoted a well-known hadith in which a woman approached the Prophet and wished to get out of marriage. The Prophet asked the woman if she would return the surplus to the husband. The woman said, “Yes.” The Prophet then told the husband to accept the garden given to her as more and asked him to divorce her. This seems to have become the guiding factor for the ulemas to interpret the very same verses of the Qur’an as asking the husband to comply with the request and making the return of gifts and more a mandatory part of the khula process. However, the ulemas’ intransigence on this stance will place women-initiated divorce in much the same category of consensual divorce, mubaraat. These two concepts are recognized as distinct forms of divorce in the Shariat Application Act 1937. Against this background, the High Court’s interpretation of Khula appears to be more of an attempt at a ‘harmonious’ interpretation of the terms set out in the 1937 Act, than a perfect prospect.

Shamshad is a registered barrister at the Supreme Court of India. Umar is an assistant professor of law at Bennett University

• Granting of Divorce by the Husband – Talaq

•Agreed separation between the parties – Khula

• Dissolution of Marriage – Faskh-e-Nikah

•When power is transferred from Talaq to woman – Tafweedh-e-Talaq

Many of my Muslim clients tell me how they separated from an Islamic point of view. Muslims around the world believe that when they marry, they should marry first in the eyes of God, and if a separate registry needs to be done, it can be done at a later date. This is sometimes postponed indefinitely as the couple often believe they performed the main ceremony, the Islamic Nikah ceremony. This is especially true for Muslims in Britain, discussed earlier in my article The Great Islamic Nikah Myth. So when Muslims separate, a similar mindset prevails and they believe that Islamic separation must happen as soon as possible – they are no longer married in the eyes of God. Unfortunately, this is where the problems start. Divorce (talaq) is permissible in Islam but still frowned upon due to the cultural traditions of Muslims in Britain (a large majority hail from the Asian subcontinent). This has led to very little literacy among Muslims about the correct pronunciation of talaq as it is still a major taboo subject. And as always with ignorance, this has led to many Muslims mispronouncing divorces, which, while still effective, has had devastating consequences for the separating couples and their families. This is important because, as you will see later, the nature of the separation influences various factors within the marriage, such as Main methods of separation in Islam: Contrary to English law where neither party has the power to grant the divorce, and it is in the hands of the judge, Islamic law places power in the hands of the man or the woman (depending on the type of separation used). Additionally, each of the above methods is a different type of breakup that can be performed by different parties. For example, talaq is man’s unilateral right and can only be given by him. However, if he agrees to transfer his power over talaq, the wife also has the same right, known as tafweedh-e-talaq.

Family ”

Posted on November 14, 2018

hello… i am 26 years old and since 1 ½ year i was married to my husband… i have a son and my husband is good to me but i don’t want to continue my relationship with him because of bad behavior of his parents and some more other reasons…can you please provide details of the khula process and in how much time this process will be completed…

According to Muslim khula, women have the right to be separated from their husbands. You have two options under the law of persons: 1) either go to court to dissolve the marriage and 2) refer the matter to the local Darul-Qaza Contact me to get my information from the site. Click LIKE and STAR for more effective advice on this topic.

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Family ”

Posted on April 14, 2021

I am staying in SECUNDERABAD malkajgiri. I need khula from my husband. I have 2 children. I am 38 years old. I need to know about the procedure for taking khula.

You can contact your district Kazi regarding this and they will proceed as you wish.

Like my comment if you are happy with my answer and you can contact me via Pathlegal for further assistance.

H. S. Qazilbash Attorney Lucknow

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Dear Customer,

You can bring Khula Talaq before Kazi in the presence of your husband or if your husband is not ready for a divorce you will have to file a contested divorce case in court.

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First file maintenance for you and kids DVC for you and kids file dowry case if he reports for compromise ask him khula otherwise no need to withdraw cases be strong sister we will take it through court

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You will need two photos of the bride and groom, two Muslim witnesses, Aadhar and Nikah Nama book. Turn to your local Qauzi with all of this. He will charge a certain fee and send him a Khula notification. For further clarification you can contact me via Pathlegal. Click the “Like” button if the advice is useful to you.

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According to Muslim law, the husband must accept khula, otherwise it is not complete. When your hysband is ready to sign we can provide paperwork. If he doesn’t want it, we can get it from family court.

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First of all you need to hold a meeting with your family members and your husband’s family members so this matter needs to be resolved between both families when they understand that it is good for both of them before going to Darulkaza or to court. If he takes the khula from you then that’s fine so you have to key in a matter on a court bail of Rs 500, matters would be like your name and address and your husband’s name and address. And you must mention the details of the marriage, when it took place and the length of time you spent with him and the reason why you take khula from your husband, both will sign in the presence of 2 witnesses and it by a notary attorney notarize. If your husband refuses to do all these things then go to Darul Kaza and write to Darulkaza and tell Darulkaza that you want to take Khula from your husband. If that doesn’t work either, you can go to court by petitioning a family court for divorce.

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Madam, contact your local Kazi Sahab personally. as ritual divorce falls solely within the jurisdiction of kazi sahab. If you go to family court, you can also get maintenance for yourself and your children.

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Dear Customer

If you need khula from your husband, as per your details, you need to contact your local district of Khaji. You have children so that you can claim maintenance for you and your children from your husband. Better give him a legal notice from maintaining all subsequent files petition

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