Women’s Right to Khula In Islam
Polygamy means to be in marital bond with more than one person at the same time. Polygamy is legally permissible in Islam that is Muslim men can have more than one wife, up to a total of four. However, for a man to marry more than once, it is necessary for him to seek permission from the first wife. If a man marries another woman without seeking permission of the previous wife, woman can legally seek Khula. A similar case of Khula was filled by Khurshid Bibi against her husband – Muhammad Amin for the dissolution of marriage.
Khurshid bibi was married to Muhammad Amin. Since there was no progeny of the matrimony, Muhammad Amin took a second wife. Within twenty days of the second marriage, there relations became
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Khurshid Bibi filed a suit for dissolution of marriage with Muhammad Amin, and he filed a suit for restitution of conjugal rights. Her suit was dismissed, but her husband's suit was decreed against her on January 21, 1960.
Khurshid Bibi then commenced a second suit against Muhammad Amin on February 22, 1960 alleging that he orally divorced her on january 29, 1960. According to her, she was no longer his wife, and demanded the dissolution of her marriage by khula. She was willing to give up her dower. She also professed that Muhammad Amin had not spent any expense of their marriage. In response, Muhammad Amin denied that he had orally divorced her and she is not right in sense of dissolution of marriage.According to him, there marriage was He also claimed that he had
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Thus, he felt that if the defendant could not provide a separate residence for her it was because he lacked the means. He also felt that because she was not prepared to live with her husband because he had remarried, but that this was not a ground for khula. Her appeal was
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