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Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq ( repudiation ), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [ 1 ]
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place. [60]
"Finally, I feel free today," Shayara Bano, who was divorced through triple talaq and was one of five women who brought the case, said after the ruling.
The question of khula divorce often turns on the dower: if the woman is seeking the divorce, she has to return the dower to the man, or else the divorce cannot proceed. Since in traditional Islamic society, men are traditionally the bank account holders and women are traditionally homemakers, the woman has no purchase, and cannot obtain a loan ...
Divorce in Pakistan is mainly regulated under the Dissolution of Muslim Marriage Act 1939 amended in 1961 and the Family Courts Act 1964. [1] Similar to global trends divorce rate is increasing gradually in Pakistan too. [citation needed] In Punjab (Pakistan), in 2014 khula cases registered were 16,942 that rose to 18,901 cases in 2016. [2]
Muslim Personal Law Sharia Application Act,1937; The Dissolution Of Muslim Marriages Act, 1939; Muslim Women's Protection of Rights on Divorce Act,1986; Note: Above laws are not applicable in the state of Goa, as state of Goa has Uniform Civil Code i.e. same law irrespective of religion, caste or nationality.
Interfaith marriages are recognized between Muslims and Non-Muslim People of the Book (usually enumerated as Jews, Christians, and Sabians). [31] Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish ...