Khula and its effects
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:
I. General:
Khula is separated by putting an end to matrimonial bonds and rights.
4. Capacity of Khula:
The parties of Khula must be.
- (i) Sound mind.
- (ii) Have attained puberty.
5. How Khula is granted:
Khula is granted in two ways.
- (a) By mutual agreement.
- (b) By order of the court.
6. Essentials of Khula:
(i) Consent of wife:
The wife must show her consent for separation.
(ii) Consideration:
The wife must give or agree to give some consideration instead of separation.
(iii) Consent of husband:
The husband also must give his consent as acceptance of the proposal of his wife.
7. Khula under compulsion:
Under Sunni law:
Under Sunni law Khula under compulsion is valid.
Under Shia law:
Under Shai law Khula under compulsion is not valid.
8. Conditional Khula:
Under Sunni law:
Khula may be conditional or unconditional.
Under Shia law:
Conditional Khula is not allowed.
9. Revocation of Khula by wife:
An offer for Khula made by the wife may be retracted by her at any time before the acceptance by the husband.
10. Time of payment of consideration:
Consideration by the wife is payable immediately after Khula has been entered.
11. What may be given as consideration:
Everything which may be given as dower may be given as consideration.
12. An increase in the consideration:
An increase in the consideration:
An increase in the consideration when Khula has been entered is not valid.
13. Does the appeal lie against the decree of Khula:
The decree for dissolution of marriage on the grounds of Khula is not appealable.
14. Effects of divorce:
Following are the legal effects of divorce.
Right to contract another marriage:
The wife may marry another person.
Period of iddat:
The wife has to observe the period of iddat in the rules of divorce.
Remarriage with the same person:
There is no iddat for marriage with the person with whom the marriage has been dissolved by Talaq.
The unlawfulness of cohabitation:
The sexual intercourse between the divorced couple is unlawful after the divorce has been irrevocable.
Payment of dower:
If the marriage was consummated:
If the marriage was consummated the wife is entitled to immediate payment of the whole unpaid dower both prompt and deferred.
If the marriage was not consummated:
If the marriage was not consummated the wife was entitled to half of the specified dower.
Cessation of mutual rights of inheritance:
If the divorce has become irrevocable the mutual rights of inheritance are ceased.
Remarriage of divorced couple:
Where the husband has repudiated his wife by three pronouncements, it is unlawful for him to remarry again until she has married another man and the latter has divorced after the actual consummation of the marriage.
15. Duty of the court:
The duty of the court while deciding the case of dissolution of marriage based on Khula is to find out whether on a complaint made by the wife against her husband due to unlawful acts unlawfully committed by her husband, she has been constrained to develop deep hatred against him and they remained no possibility to narrow the gulf of hatred such marriage could be required to be dissolved on basis of Khula.
16. Conclusion:
To conclude I can say that under Islamic law the wife has the right to obtain dissolution of marriage on the grounds of Khula. it is lawful only when there is a dislike on the part of wife. the dissolution of marriage based on Khula is an independent right of women.
Ikyan Shah (Advocate High Court)
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