Khula Case Study
ISLAMIC LEGAL THEORY AND PRACTICE REGULATING THE MATTERS OF JUDICIAL DIVORCE “If you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)” [Al-Quran, Al-Baqarah#2, Verse#229]
INTRODUCTION:
Khula is derived from word khal’a literally mean to remove or untying the knot in which husband and wife were bonded. Khula is demanded by wife when it’s become difficult for wife to stay with her husband under the limits and rules prescribed by ALLAH. Suit for khula is filed by wife and is entertained by court in family court under family law ordinance. For the suit by Muslim women for dissolution of marriage is entertained under Muslim Marriage act 1939 .This act came in
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Shia Law: But according to Shia lian will only not occur if she is minor or a retarded person.
COST OF DIVORCE PROCEEDINGS
In Common law as after marriage husband deserve to possess all of wife property and her income so if she files a suit for judicial proceeding then husband must bear all of that cost. But in Muhammadan Law as even after marriage wife property is not taken or given to husband so husband will not bear the cost of proceedings.
CONCLUSION:
As by keeping in view all the given facts it become clear that if the wife don’t want to live with husband and if her case fall under any such ground then she can claim judicial divorce. From Prophet (saw) Hadees and through Quranic verse it is made clear that ALLAH has allowed a Muslim women to seek divorce if she cannot live under the rules and limits prescribed by Allah. The act of divorce is neither prohibited nor recommendatory but it is disliked by Allah. And if any women seek khula she must give back the Mehr she received but husband should not demand any gifts which he has given after
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