Husband’s consent needed for Khula: CII

Published: February 19, 2016
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PHOTO: EXPRESS

PHOTO: EXPRESS

ISLAMABAD: 

The Council of Islamic Ideology (CII) has questioned the right of a woman to seek divorce through court without the husband’s consent, saying only male partners can dissolve a marriage.

It has declared it un-Islamic for courts to grant ‘Khula’ (divorce filed by women) to dissolve a marriage without the husband’s consent.

In a recent meeting, the body observed the courts were dissolving Nikahs (marriages) incorrectly since under Shariah only the husband has the right to grant Khula. Urging civil courts to differentiate between Khula and unilateral dissolution of marriage through a court order, the CII chief said several women who dissolved their marriages using the terminology were still uncertain if their marriage had ended or not.

Khula is the prerogative of a husband, not the courts, the CII observed. While Shariah has explicitly defined the framework and procedure for Khula, it is not defined in the country’s existing marriage laws.

Published in The Express Tribune, February 19th, 2016.

Reader Comments (1)

  • Mar 1, 2016 - 7:12AM

    Sheerani sahib is right in some little way but totally wrong about Khula. Please understand Talaq to mean dismissal. That is right of the husband only to dismiss his wife. Khula is like resignation. If a wife does not want to live with her husband and wants to resign i.e. seeks Khuila, it has to be approved by the husband. She just cannot walk off by giving a notice of resignation. The resignation (Khula) has to be approved by the husband to be effective.
    Sheerani sahib should consider a case where a wife wants to resign but the husband does not approve it. What happens then. It has to go to some other people to whether the case is genuine. That could be a court or a Qazi. It will be will of the lady if she wants to seek help from the court. There are judges and lawyers there. And the case of Qazi also is similar to the civil courts. It is clear that husband has some part to play to allay the complaints of his wife to avoid her request for Khula. He can do that. If wife is not satisfied and does not want to live with her husband and the husband is not letting her go, then the Council of Islamic Ideology people should tell a complete story as to what is to be done. Will the wife be pressed to continue with her husband against her will? Who will approve her request of Khula? Marriages are being approved in the courts, so why not Khula?Recommend

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