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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 ]
The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. [1] [5] From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.
"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 ...
The Indian government’s recent criminalisation of instant 'triple-talaq' divorce has stoked dispute among the very people it purports to protect: Muslim women.
Divorce law is governed by the Family Law (Divorce) Act 1996. This law was later amended in 2019 by a further third amendment and the subsequent Family Law Act 2019. [132] It is possible to be considered separated while living under the same roof. [133] Divorces obtained outside Ireland are only recognised by the State if either:
India's government approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.