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Khula divorce is an Islamic divorce by redemption. It is a divorce requested by the
wife and granted by the husband. This class of divorce approach, allows the wife to
end her possible un-working marriage by returning dowry (mahr) and any other
marriage expenses to the husband. It's an expensive form of approach, since the
wife might find it difficult to pay for the requested amount from her husband while
their marriage has reached an irretrievable point. Therefore, for a wife to
accomplish Khula divorce, she has to be brave, strong and financial capable.
Khula divorce is discussed in the Holy Qur'an and covered in the Islamic Shariah;
nevertheless, it is also part of Islamic practices (fiqh). There are two main ways
through which a woman can dissolve her marriage through Khula divorce, (I) is by
asking the husband to dissolve their marriage, by giving enough reasons for
dissolution, and (II) through the use of judicial decree, whereby, the wife seeks the
divorce through the Shariah Court. The Shariah Court through Qadi can dissolve
the marriage with or without the consent of the husband.
FEMALE RIGHTS ON KHULA DIVORCE
When the marriage becomes inevitable, the woman has the right to call for
dissolution. There are number of reasons behind which a woman can call off her
relationship, (I) when the husband has travelled and the wife does not know his
whereabouts, (II) when the husband can no longer fulfil his marital duties, (III) and
when the marriage has reached to an irretrievable breakdown which the wife can
no longer bear. Intentional negligence of the husband towards his wife and children
can also lead to Khula divorce.
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