The procedure of Judicial Khula in Pakistan and Shariah Perspective: A Critical Review

Abstract

The relationship between man and woman is very important and once it has been established then according to Sharia it requires to be sustained. But if there is any dispute between the Husband and wife, and if it is not possible to live together, then the shariah advised both parties to live with peace and patience. But if the problem or conflict is not resolved then the shariah has given the right of divorce to the husband and the right of Khula to the wife. For Khula, some conditions are not being followed in the contemporary Judicial System. Our society is suffering every day, as some woman takes the degree of Khula from the court and starts living independently in their mind, while on the other hand, their husband insists to continue their marriage. Therefore, there is a dire need to review the Khula of the Judicial System and to discuss the other permissible ways if any. In this article Khulah according to Shariah, its conditions, and the permissible aspects of Fasakh (Cancellation of Marriage) has been discussed in detail.