Difference between Khula and Divorce
1. Introduction:
Khula is a form of divorce that is based on mutual consent of the parties. before Islam to Islam, the wife had no right to seek dissolution of marriage. in Khula the wife gives or agrees to consider the husband for her release from the marriage tie.
2. Meaning of Khula:
Khula means put off.
3. Definition:
General:
Khula is separated by putting an end to matrimonial bonds and rights.
4. Divorce:
Divorce is the dissolution of the marriage tie of the husband and wife.
5. Difference between Khula and Divorce:
I. As to the right:
The right of divorce is exercised by the husband.
The right of Khula is exercised by the wife.
II. As to dower:
The wife is entitled to dower in case of divorce.
The wife is not entitled to the payment of the downer in the case of Khula.
III. As to reason:
The husband can divorce without any reason.
The wife has to demand khula on some ground and reason.
IV. As to offer:
There is no offer to the wife by the husband.
There is an offer by the wife to the husband for some consideration.
V. As to procedure:
For the pronouncement of divorce, the husband has not to follow any procedure.
For Khula, the wife has to file a suit in the court.
VI. As to scope:
The scope of the divorce is unlimited.
The scope of Khula is limited.
VII. As to the return of remuneration:
In divorce, the husband does not give back the benefits that he has received from his wife.
The wife has to return all the benefits which she has received.
6. Delegation of divorce:
A husband can delegate his right to pronounce divorce.
(a) any other person.
(b) his wife.
7. Effect of delegation:
Delegation of the right of divorce does not deprive the husband of his right to give divorce.
Conditions:
(a) Husband should be sound-minded.
(b) He should have attained puberty.
8. When delegation can be made:
Delegation of the right to pronounce divorce can be made.
- At the time of marriage.
- It can be made after the marriage.
9. Forms of delegation:
It may be
Absolute
Conditional
10. Nature of delegation:
The delegation of the right to pronounce divorce to the wife is irrevocable but to any other person is revocable.
11. Distinction between Sunni and Shia law of divorce:
(i) As to form:
(i) Under Sunni law Talaq Biddat and Sunnah are acceptable.
(ii) Under Shia law Talaq Biddat has no existence.
(ii) As to Witnesses:
Under Sunni laws at the time of divorce, the presence of witnesses is not essential.
Under Shia law presence of two witnesses is essential.
(iii) As to intention:
Under Sunni law, mere words of divorce are enough to affect the divorce.
Under Shia law, there must be the intention for divorce.
(iv) As to time:
Under Sunni law divorce can be pronounced at once.
Under Shai law, until the husband is capable of pronouncing divorce, the documentary divorce shall not be acceptable.
(v) As to compulsion:
Under Sunni law divorce under compulsion is valid.
Under Shia law divorce under compulsion is invalid.
(vi) As to intoxication:
Under Sunni law divorce under intoxication is valid.
Under Shai law divorce and intoxication is invalid.
12. Conclusion:
To conclude I can say that, the divorce is dissolution of the marriage tie of the husband and wife. the Khula is the recognized form of divorce affected by the act of the parties. the power of pronouncing divorce can be delegated by the husband.