Khula In Islam refers to the wife’s separation in exchange for cash; the husband accepts the payment and releases his wife.
Islam is not “unjust” to women, a woman may request a divorce from her husband “via the (Islamic) court” using a khula, a kind of Islamic legal procedure.
In Islam, a woman must petition the Court in order to dissolve her marriage without her husband’s approval. The term “Khula” is often used to describe this kind of divorce.
Khula is a sort of divorce that a Muslim woman f obtains against her husband’s will. In Pakistan, the Family Court may award a khula decree.
Scholars also give reference to Sunnah by quoting the situation of Thabit Ibn e Qais (may Allah be pleased with him)
Grounds on which wife can file a Khula case:
A Muslim wife is not deprived fro rights in Islam if she does not want to live with her husband she can file a Khula case in court on different grounds;
- deserting the home
- Unknown whereabouts of the husband
- incarceration of the spouse
- No Maintenance by Husband
- second spouse
- Marriage-related duties not carried out
- venereal illness
- bad character, immoral husband’s lifestyle
- Interferes with religious obligations
- the separation between a husband and wife
- separation from a marriage
If the wife was forced into marriage by her guardian before the age of 16 and repudiates the union before the age of 18 (as long as the union has not been consummated), she may do so on the basis of puberty. She may also do so on the basis of the husband’s cruelty (including physical abuse or another mistreatment, unequal treatment of co-wives), or on any other basis permitted by Islamic law for the dissolution of marriage.
How much time is required for Khula in Pakistan?
The length of time needed to resolve the Khula case may vary for a number of reasons. Such things as the husband’s consistent absence from court, the hearing dates scheduled, and any unexpected strike in the court may also result in an unnecessarily long delay. The beginning of the reconciliation process with the cooperation of both spouses, etc.
khula procedure in Pakistan:
- In the absence of the Talaaq right (also known as the Talaq-e-Tafweez), a woman would have to file a suit to dissolve her marriage (Khulla is the dissolution of Marriage).
- According to the most recent Supreme Court decision, a divorce may only be finalized after a maximum of six months.
- Even if a Khulla is filed with a list of other issues (such as child custody, guardianship, recovering Jehz, dowery, and even spousal support), the Khula will be (and must be) granted in the first issue, while the other issues may continue to be ongoing.
- A female must return a portion of her Mehr and give up her Spousal Maintenance upon having Khula.
- Here, the husband’s approval is not essential or required to proceed with and carry out the separation from the woman’s side (Khula).
- Khulla is rightfully considered a divorce even if it only has the status of one talaq. Therefore, neither event will need to have another nikkah when they subsequently remarry.
- When a Muslim woman in Pakistan wants to end the marriage but her husband is unwilling to grant it, she may use her right to do so under the Khula even if she does not have the legal authority to do so. The Khula procedure is as follows:
- The wife must choose a family lawyer, who will assess your complaint and prepare a Khula case before filing it in Family Court.
- After the Family court orders the decree of khula, the wife must make a single appearance in court to provide a statement.
- The court will summon the husband through notices and publication in a newspaper.
- A husband will appear in court through his lawyer and submit his written statement after taking the next date from the court.
If the Husband fails to appear before the court:
If the husband fails to appear before the honorable court, then the court will issue an ex-parte decree in favor of the husband.
After decreeing of Khula:
Following the receipt of the khula ruling, the wife must submit an application for the issuing of a divorce certificate to the Union Council at the location where the nikah was recorded or where the wife is now residing.
Iddat Period after Khula:
If you remain together, according to Sharia, there is no such thing as a divorce. Please remember that khula from the court is not the same thing as divorce. Legal divorce occurs when a divorce decree is signed and the 90-day term of reconciliation in the union council or arbitration council is regarded as the legal iddat period. Therefore, if any Pakistani sibling or brother has a query about “Khula ki iddat Kitni Hai,” let us inform you that the iddat time after a khula is 90 days long and begins with the court’s khula order. The iddat period ends when you get a Nadra divorce certificate in Pakistan. When you get a divorce certificate in Pakistan, you are able to legally marry the next minute. Although technically a woman has stopped living with her husband when she files a case for khula in Pakistan, practically the 90 days of proceedings before the arbitration council for reconciliation is taken as the iddat period after khula in that country. The Supreme Court further stated in its decision that the iddat period begins from the date when a female files a case for khula. Legally, the same spouse may remarry at any time without a subsequent marriage even after the divorce decree has been signed.
Khula application form:
You can also search here khula application form.