Khula under Muslim personal Law

 

1.Meaning of Khula

Khula is an Arabic word which means to “Put off”

2.Definition of Khula

Right of divorce which is granted to a woman for separation from her husband without his consent after paying back the dower, while he refused to divorce his wife

3.Essentials of Khula

Following are the essentials of khula.

a)Wife’s consent

Under the Islamic law, in order to get separation from her husband, wife will have to show her consent in this regard

b)Husband’s consent

Under the Islamic law, in order to get separation from his wife, husband will have to show his consent in this regard

c)Dower

Under Islamic law as per rules in order to get separation the wife will have to give or will have to show her intention to give the amount of dower to her husband before separation

4.Grounds for Khula

Following are the judicial grounds for khula.

1.      Disappearance of husband for 4 years

2.      Failure to maintain his social obligations for 2 years

3.      Husband has been imprisoned for 7 years

4.      Husband has been failed to perform his marital obligations from 3 years

5.      Husband became insane

6.      Husband get sexual serious illness

7.      Husband contracting polygamies 

Hadith Says

In the time of The Holy Prophet (S.A.W), the wife of Thabit bin Qais requested the Holy Prophet (S.A.W) for a divorce from her husband. The Hoy Prophet (P.B.U.H) asked her to return the amount given to her at the time of marriage as dower (Mahr). She accepted this condition and the marriage were dissolved.

5.Revocation of khula

Under the Islamic personal law, Islam gives permission to a woman who has made a request for khula can be revoked (cancelled) at any time before the acceptance of the offer by her husband.

6.Khula under compulsion :Khula under compulsion by sunni and shia perspective.

 

a)Under Sunni law

According to the Sunni law khula is valid if any woman who has requested it under compulsion

B)Under Shia law

According to the Shia law khula is not valid if any woman who has requested it under compulsion

7.Legal effects of Khula

Following are the legal effects of Khula.

I)Right of marriage with another

Under the Islamic law, after taking khula, a woman can marry with another person without any legal restriction on her

II)Right of remarriage

Under the Islamic law, after taking khula, a woman can remarry with his previous husband without any legal restriction on her

III)Right of inheritance

Under the Islamic law, after taking the khula, wife’s rights of inheritance come to an end once the divorce is completed

iv)Period of iddat

Under the Islamic law, after taking khula, wife will have to spend the period of iddat.

v) Sexual intercourse becomes unlawful

Under the Islamic law, after taking the khula, the sexual intercourse between the divorced husband and wife or living together is unlawful once the divorce has been completed

vi)Payment of dower

Under the Islamic law, after taking the khula, wife is legally bound to give or shows her intention to give the dower to her husband.

8.What may be given as dower

 Under the Islamic law, everything can be given as the payment of dower to the husband, the dower may be in immoveable or the form of currency, property whether moveable or any other thing.

9.How khula is granted

Following of the two ways of granting khula.

a)By mutual agreement

b)By the order of the court

10.Duty of the court

Court is under an obligation to determine the case which is filed on the basis of khula and try to find out the reasons on which khula has been requested by the woman before the court or dissolution of the marriage.