Khula Agreement

From this case, scholars understood that if a woman cannot stay with her husband, the judge should ask her to divorce her through Khula; in fact, he should order him to do so. As for what you mention, a woman in your country could arrange her own divorce through man-made laws if that is for some reason why it is permissible to file for divorce, for example. B not loving her husband, not being able to stay with him or not loving him because of his immoral nature and indulgence in Haraam`s deeds, There is nothing wrong with her wanting to divorce, but in this case, she should divorce him by khula` and give him back the reminder he gave her. Khulʿ (Arabic: خلع), also called khula, is a procedure by which a woman can divorce her husband in Islam by returning the dowry (Mahr) or something else she received from her husband, as agreed by the spouses or the Qadis (court) decree. [1] Based on traditional fiqh and mentioned in the Qur`an and hadith, khul` allows a woman to divorce. A divorce of Khula is done by an offer by the wife to compensate the husband if he exempts her from her marital rights, and by the acceptance of the offer by the husband. Once the offer has been accepted, it functions as a single irrevocable divorce (talak-i-bain), and its operation is not postponed until the execution of the Khulanama (Khula act). Subsection (3) deals with Mubarat. A mubarat divorce like Khula is a dissolution of the marriage by agreement, but there is a difference between the origin of the two. If the aversion is on the woman`s side and she wants a separation, the transaction is called Khula.

If the aversion is reciprocal and both parties want a separation, the transaction is called a Mubarak. The offer in a divorce of Mubarat can emanate from the wife, or it can emanate from the husband, but as soon as it is accepted, the resolution is incomplete (sic) and it works as Talak-i-Bain as in the case of Khula. Subsection (4) provides that, as in Talaq, i.e. khula and Mubat, the woman is obliged to respect the Iddat. The commentary on the Mullas Mahomedan law clearly emphasizes the distinction between Khula and Mubat. Khula means to push back the way a man should put on his khoola garment when he takes it off. In law, it is the determination of his right and authority over his wife by a husband for an exchange, while Mubarak means reciprocal liberation. As far as Pakistan is concerned, the distinction between Khula and Mubat is expressed as follows: – We now have a problem. The fact that she is still married to him means that she cannot marry anyone else, but according to the Court`s ruling, she appears to have divorced him, and when her IDDah ends, she can remarry. I think the only way out of this problem is that good and honest people should engage in this matter in order to achieve reconciliation between the man and his wife. Otherwise, she will have to give him a payment for it to be a real Shar`i Khula`. .