'Khula’ without husband's consent is un-Islamic: CII

Published: February 18, 2016
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CII Chairman Maulana Muhammad Khan Shirani. PHOTO: PID

CII Chairman Maulana Muhammad Khan Shirani. PHOTO: PID

ISLAMABAD: The Council of Islamic Ideology (CII) has declared it un-Islamic for courts to use ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage.

The powerful religious body observed on Thursday that courts were dissolving nikkahs in the name of ‘Khula’, which is not correct since only the husband has the right to grant Khula after which courts can dissolve marriage contracts.

Urging civil courts to differentiate between ‘Khula’ and a unilateral dissolution of marriage through a court order, the CII said several women who had dissolved their marriages using ‘Khula’ were still not certain if their marriage had actually been dissolved.

Khula is prerogative of husband, not courts, says CII

“While Shariah has explicitly defined the framework and procedure for Khula, it has not been defined in the country’s existing marriage laws,” the CII observed.

Therefore, a civil court decreeing dissolution of marriage on a wife’s plea without her husband’s consent, under the name of Khula, would be in violation of the Holy Quran and Sunnah, the council observed.

The council also observed that denying a husband the right to appeal against such a ‘unilateral’ court decision would also be unjust as per Islamic law.

According to a majority of ulemas, a wife has to forfeit her financial rights when ‘Khula’ is used to dissolve a marriage. However, the two can reach an agreement outside the law if a mutual understanding is established.

As per the Dissolution of Muslim Marriage Act passed in 1939, “Judicial khula is allowed to be authorised without the husband’s consent if the wife has agreed to forfeit her financial rights. Marriage is not considered a sacrament among Muslims but rather a civil contract with spiritual and moral undertones.”

The Pakistani women risking it all for their rights

“Therefore, legally, the marriage can be dissolved for a good cause. The wife has the right to dissolve a marriage on grounds of Khula if she decides she cannot live with her husband [any longer].”

Reader Comments (57)

  • Jamila
    Feb 18, 2016 - 5:25PM

    Can somebody please disband the CII? I can’t believe that at this day and age, such regressive bodies exist.Recommend

  • Akbar
    Feb 18, 2016 - 5:30PM

    India sends mission to moon. India has some of the best technology university’s. India gets Apple after IBM, SAP, Oracle, etc

    Pakistan have Militant madrassas. We discuss “Khula” & trample women’s rights in the name of religions, discriminate against minorities using blasphemy laws, & talk of Zin Powdered vehicles.

    Great going.Recommend

  • I am a Khan
    Feb 18, 2016 - 5:37PM

    @Jamila:
    Go to the west if you want to get rid of CII. It is a part and parcel of an islamic country.Recommend

  • Baby Ka Husband
    Feb 18, 2016 - 5:51PM

    @Jamila:
    You are right. CII is reinterpreting Koran. Woman have the right of divorce in Islam and CII is trying to shut that door. So much for education in the 21st century.Recommend

  • Parvez
    Feb 18, 2016 - 6:27PM

    How these mullahs hate women? Husband has the right to this and that and the wife has no rights. Is this Islam? These mullahs are trying to annul Islam itself. They should be stopped.Recommend

  • Intsar Ahmad
    Feb 18, 2016 - 6:28PM

    Islam is a religion that protects and safeguards women’s rights more than any religion. Unfortunately it’s a dilemma of for the Muslim world that they are being criticised by the outer world as well as by such self powered lunatics who tarnish the name of Islam due to their stupidity or personal gains. It is a collective duty of each Muslim to condem such figures.Recommend

  • Quresh
    Feb 18, 2016 - 6:50PM

    CII is completely ineffective institution of Pakistan. They cannot make any law. Recommend

  • Shakeel
    Feb 18, 2016 - 6:59PM

    Just be glad these people have no actual power. I think the organisation should be expanded. Get the mullahs all so busy talking amongst themselves, they can’t harm the general population with their biggoted views. Recommend

  • Feb 18, 2016 - 7:13PM

    CII is actually criticizing “Khursheed Bibi vs Muhammad Amin PLD 1961”. This was the first case in muslim history when courts issued unilateral khula without husband’s consent.
    A misunderstanding exists among masses that khula is dissolution of muslim marriage which is not true. khula is ‘no fault divorce’ which needs husband’s consent while the dissolution of muslim marriage act covers fasakh which is form of ‘fault based divorce’ , hence can be done without husband’s consent.Recommend

  • Saad Nazim
    Feb 18, 2016 - 7:15PM

    If there’s anything we ought to do then let it be us divorcing medieval traditions…Recommend

  • Ay Jay
    Feb 18, 2016 - 7:42PM

    So now women don’t have the right to separate from their violent or cheating husbands?
    You can keep 4, while they can’t even leave 1? Why don’t you say clearly that women aren’t equal humans? I don’t understand how women tolerate this unequality so willingly no matter where it comes from!Recommend

  • ahmedK
    Feb 18, 2016 - 7:48PM

    This is ridiculous and wrong. they are adding spin to something which is very clear. Man can give talaq and woman seeks Khula through court. The only difference is that if a woman seeks khula she may no longer be entitled to maintenance payment(given untill idaat) or dowry(if not already given in full to her) .Recommend

  • Chouette
    Feb 18, 2016 - 7:48PM

    why doesn’t CII declare that women are the slaves of men. this body is reaching the limits of misogyny. must be disbanded. Recommend

  • John B
    Feb 18, 2016 - 7:55PM

    “Marriage is not a sacrament but has spiritual and moral undertones”. The statement is an oxymoron. If it has spiritual undertones then is it not sacred. If. It what is the definition of a sacrament.

    In any event, neither the Interpretation of islamic social contract is skewed towards Husband’s favorRecommend

  • Acorn Guts
    Feb 18, 2016 - 8:28PM

    IIC is an utter failure when it comes to Islamic jurisprudence. I hope for the day when IIC will be disbanded for good.Recommend

  • Huda
    Feb 18, 2016 - 8:34PM

    Either switch out the monsters who run the CII or disband it!
    The CII was only supposed to be a temporary body. It is unconstitutional anyway. Recommend

  • Sabi
    Feb 18, 2016 - 8:35PM

    I swear this man has zero knowledge of Islam.What this man is saying is un Islamic.Recommend

  • vinsin
    Feb 18, 2016 - 8:39PM

    @Jamila:
    Pakistan is an Islamic State, so CII cannot be disband. Pakistan constitution doesnt state Pakistan as a secular and liberal. What CII is stating is fact and such laws are already followed in Iran and other Islamic countries? These are the same laws that Pakistan created for under Jinnah Fourteen point. In India, Muslims follow these laws, so why not in Pakistan?Recommend

  • Afrooz
    Feb 18, 2016 - 8:42PM

    @Jamila:
    Media should stop publishing or discussing their so called ‘decrees’ and the problem will solve itself.Recommend

  • HZR
    Feb 18, 2016 - 9:16PM

    Apparently for all the tall claims that women get all he rights and comforts the men do not want this freedom to be given to women.What do you that you have to seek husbands consent to divorce him..sounds funny and oppressive.It seems nothing can be done without mans consentRecommend

  • Adnan
    Feb 18, 2016 - 9:20PM

    What sort of non-sense is this ? So Divorce need husbands approval and now Khulla needs it too ?? Unbelievable how this narrow minded Taliban have taken over my religion ! Recommend

  • Hasan Ansari
    Feb 18, 2016 - 10:16PM

    When does CII ban women from driving. That’s next ?Recommend

  • Feb 18, 2016 - 10:19PM

    If women want to have unilateral divorce right, they should get it via “talaq-e-tafweez”. Husband in Islamic marriage contract have unilateral divorce rights because wife has “haq mehr” as reciprocal right. Hence ending marriage contract without husband’s default in his duties would amount to gross injustice against husbands who pay to divorce. “Haq mehr” is a sort of check on husband’s right to divorce, but we have changed it into ” jahez” that is the reason why women suffer today.Recommend

  • Mulla Jeevan
    Feb 18, 2016 - 10:21PM

    The issue is not whether a marriage cannot be dissolved by courts rather in misinterpreting and mis-applying the term khula. Khula is not a “divorce”. Khula in Islamic law is merely a request from the wife for a divorce from the husband. If the husband does not comply, her next option is to approach the courts and request dissolution. If the court dissolves the marriage, the court should not use the term “khula” as this is a “faskh” not a “khula”. It’s about using the right terms. Judges should be educated in Islamic law so as to not make these mistakes. The civil code should be updated to clear up this confusion.

    Having said that, a woman does not have a right to divorce in Islam. She has other avenues to address an unhealthy marriage, either through a “khula” or through a “faskh” granted by a court after listening to her concerns.

    All those who are objecting should study how divorce law works in the United States and other Western countries. In the West, a woman who files for divorce undergoes much more stringent process before it is finalized. The “faskh” process in Islamic law is much less stringent.

    Do your homework people. If you don’t like the laws of Pakistan, move to India. Recommend

  • farooq
    Feb 18, 2016 - 11:04PM

    omg stupidity at its best

    there are just misleading people

    and if husband consent is necessary then whats the advantage of khula to a woman in the first place…there mullah are ill-literate please consult MR gamidi in this issueRecommend

  • A J Khan
    Feb 18, 2016 - 11:26PM

    CII today finished the difference between khula & Talaq.
    If they are the same than why two names.Recommend

  • A J Khan
    Feb 18, 2016 - 11:27PM

    Molvis world revolve around enslaving women.Recommend

  • Parvez
    Feb 18, 2016 - 11:37PM

    Every time the government needs a diversion this JUI-F mischief maker who sadly heads the CII is brought out to say something provocative.Recommend

  • Maria Khan
    Feb 18, 2016 - 11:43PM

    What is the logic of reopening this debate when the issue has already been settled by our judiciary as well as by CII. We have Quranic verse: 2:229, and Prophetic narratives as well to prove that Khula can be granted without the consent of husband provided wife is unable to live with her husband within the bounds prescribed by God. and our courts follow this. at least this is one of the very few things Pakistani courts Are doing justly and favorably to women.Recommend

  • Khan
    Feb 19, 2016 - 1:15AM

    Force a woman to stay in an abusive relationship just so these old men can feel that they’re working for God. I’d rather let that woman be free than follow these old half literate mullahs.Recommend

  • Khan
    Feb 19, 2016 - 1:16AM

    @I am a Khan:
    CII was made up. It is not part and parcel of an Islamic state. It’s a modern invention so that people like you can be satisfied to live in a country run by mullahs.Recommend

  • Khan
    Feb 19, 2016 - 1:20AM

    @Mulla Jeevan:
    Instead of moving to India, we should secularist our country to bring it into the modern age. You don’t just get to shut us up by telling is to leave. Doesn’t work that way.Recommend

  • kathy
    Feb 19, 2016 - 2:14AM

    @Mulla Jeevan:
    Which western country you are referring to?Recommend

  • curious2
    Feb 19, 2016 - 3:31AM

    Women were born with equal rights, talents and aspirations of men … but if you happen to be born under Islamic rule that suddenly changes. Why is that?Recommend

  • Raja
    Feb 19, 2016 - 3:39AM

    So what’s the point of khula if it is tied to the permission of husband. It kills the whole purpose. Maulana in essence is saying that a woman has no right to get out of a bad marriage and abusive husband. Recommend

  • Pakistani
    Feb 19, 2016 - 3:43AM

    Why can these dudes just get a job…and leave us aloneRecommend

  • Kolsat
    Feb 19, 2016 - 3:44AM

    Whenever a man wants to dissolve his marriage he is free to do so but a woman cannot. Whta a travesty. The Koran says that men and women are equal but these fellows on CII decide that they are not. It is time for Pakistan to disband this moronic group.Recommend

  • Mike Bickdick
    Feb 19, 2016 - 5:00AM

    These Mullahs should be individually sodomized.Recommend

  • Haji Atiya
    Feb 19, 2016 - 5:18AM

    @Mulla Jeevan:
    So what is given on the Nikanamah, the line where the husband consents to unilateral divorce by the wife is incorrect and should be changed ?Recommend

  • Zaida Parvez
    Feb 19, 2016 - 6:14AM

    Women have the same rights as men? Who are you kidding?Recommend

  • Mulla Jeevan
    Feb 19, 2016 - 7:23AM

    @Haji Atiya – The permission for divorce by the husband is not given by default in the standard nikah nama although if this permission is added, the woman has the right of divorce which she can utilize at any time she wishes.

    @Khan – Pakistan is not secular, never was. Maybe you can begin by reading the constitution? Let me know your thoughts later on once you’re done doing basic homework on this.

    @Kathy – Do you know the Roman Catholic does NOT permit divorce in marriage period? That’s as Western as it gets. Now of course secular Western nations don’t follow this but the effects of this mentality are clear in their system. A woman cannot simply get a marriage annulled without any reason or basis without any penalty in the West.Recommend

  • Saad
    Feb 19, 2016 - 7:25AM

    @Kolsat: Where does it say that in this context? I can give you many, many quotes that say just the opposite. Please stop misleading people.Recommend

  • omar
    Feb 19, 2016 - 10:13AM

    CII is itself confused in its interpretations, these hypocrite mullas are contradiction in themselves.
    My office is next to CII HQ. in Islamabad, G-5/2, its full of luxuries and biggest lot of land cruisers you will ever see! Wallowing in luxuries and pretending to be torch bearers of Islam????Recommend

  • Tony Singh
    Feb 19, 2016 - 12:02PM

    @I am a Khan: Pakistan is as much Jamila’s country as it is yours. She is born there. Why should she cater to your whims and fancies. Why don’t you go elsewhere?Recommend

  • Omer
    Feb 19, 2016 - 1:11PM

    @I am a Khan:
    People like you are a burden on earth.
    Your mother and sisters have any idea about your views? Shame on you for telling someone to go some where elseRecommend

  • Feb 19, 2016 - 9:15PM

    The wife got an other option, she can kill the bad husband and get freedom.Recommend

  • Feb 19, 2016 - 10:43PM

    He appears every week with new issue. His every try to awaken people failed yet. Recommend

  • Someone
    Feb 20, 2016 - 5:13AM

    So if a woman wants to leave an abusive husband, she first need his consent else she would loose alimony ? Hmmm. Some rights for women in Islam.Recommend

  • Awais Hameed
    Feb 20, 2016 - 5:37AM

    Nobody seems to have read the news. They are trying to clarify the difference between Khula and Unilateral dissolution of marriage.Recommend

  • Ay Jay
    Feb 20, 2016 - 2:09PM

    Let’s unite and demand to ABOLISH CII once and for all!Recommend

  • Anjum
    Feb 20, 2016 - 7:54PM

    So we are supposed to be the first to give equal rights to woman? This is equal right. All stories nothing else.Recommend

  • Anjum
    Feb 20, 2016 - 7:57PM

    @Mulla Jeevan: Are you saying the West treats a woman filing for divorce different from a man’s? If you lack awareness, don’t say anything. You don’t have to make up stuff.Recommend

  • Jay
    Feb 20, 2016 - 11:31PM

    Why are this race of peaple so Backward ?Recommend

  • Jay
    Feb 20, 2016 - 11:33PM

    Why are this race of peaple so BackwardRecommend

  • Mulla Jeevan
    Feb 21, 2016 - 11:15PM

    @Anjum – yes absolutely it does. It gives her much more preference when it comes to distributing wealth and property. It’s inherently flawed in regarding the man and woman as equals in this regard. Islamic law on the other hand applies an even-handed approach.Recommend

  • sahi
    Feb 23, 2016 - 3:55AM

    lot of scams started females after marriage she take benefits from husband such as money and other financial things after dispute she run away demand khula. Big advantage Recommend

  • syed & syed
    Mar 7, 2016 - 3:24AM

    This powerful authority headed by a politician and held seat in Parliament now turned Moulavi giving statements which are contradictory of guide line given by GOD through his Book.This man be removed and some some one having knowledge of Deen and Dunya be appointedRecommend

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