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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. [2]
In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband ( talaq ), wife ( khula ) or mutually ( mubarat ). Talaq allows a Muslim man to legally divorce his wife by stating the word talaq . [ 10 ]
The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent. The wife has the right to initiate divorce, it is called khula. She either gives back the dowry (mahr) or does not, depending on the reason for divorce. The man has the right to divorce.
The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time. [24] In contrast to talaq al-sunnah, talaq al-bid'ah does not observe the waiting period and irrevocably terminates the marriage. [24]
The arrangement of children and property is based on the consent of two parties. However, the relationship between children and parents is not broken down by the divorce, which means both parents have the right and obligation to raise and educate the children. [121] One special characteristic of divorce in China is the process of mediation.
A bench of the Supreme Court of India has stated that the practice of divorce for Muslim men through, "Talaq-e-Hasan" which is pronounced once a month over a period of three months is allowed and a Muslim woman can also part ways with her husband through "khula (mutually agreed divorce)". [14]
Nikah halala (Urdu: نکاح حلالہ), also known as tahleel marriage, [1] is a practice in which a woman, after being divorced by her husband by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. [2]
Milkiyyah (Ownership), concerns the types, methods and scopes of ownership, that affect the relationship between the property and its owner in Islamic jurisprudence. [18] 'Aqd (Contract), describes the framework or structure of a contract in fiqh. [18] Jalil, Ramli and Shahwan also note that the development of Mu'amalat rules is less strict ...