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1. Introduction:
Khula is a form of divorce which is based on mutual consent of the parties. prior to Islam to
Islam the wife had no right to seek dissolution of marriage. in Khula the wife gives or agrees to
give a consideration to the husband for her release from the marriage tie.
2. Meaning of Khula:
3. Definition:
I. General:
Monshee Bazul-ul-Reheem
Vs.
A diverse of Khula is a divorce with the consent, and at the consent, and at the instance of the
wife in which she gives or agrees to give a consideration to the husband for her release from the
marriage tie.
4. Divorce:
Case law
It was held that Talaq is to be pronounced by husband at his own initiative but Khula is given at
the instance of wife when husband and wife can not maintain limits of God.
I. As to right:
The right of divorce is exercised by the husband.
II. As to dower:
The wife is not entitled for the payment of downer in case of khula.
III. As to reason:
IV. As to offer:
V. As to procedure:
For pronouncement of divorce, the husband has not to follow any procedure.
VI. As to scope:
In divorce husband has not to give back benefits which he has received by his wife.
The wife has to return back all benefit which she has received.
6. Delegation of divorce:
7. Effect of delegation:
Delegation of right of divorce does not divorce does not deprive the husband of his own right to
give divorce.
8. Conditions:
It may be
(a) absolute
(b) conditional
The delegation of right to pronounce divorce to the wife is irrevocable but to any other person is
revocable.
(i) As to form:
(i) Under Sunni law Talaq Biddat and Sunnah are acceptable.
(ii) As to Witnesses:
Under Sunni laws at the time of divorce the presence of withnesses are not essential.
(iii) As to intention:
Under Sunni law mere the words of divorce are enough to effect the divorce.
Under Shai law until husband is not capable to pronounce divorce, the documentary divorce
shall not acceptable.
(v) As to compulsion:
(vi) As to intoxiction:
13. Conclusion:
To conclude I can say that, the divorce is dissolution of marriage tie of the husband and wife. the
Khula is the recognized form of divorce affected by the act of the parties. the power of
pronouncing divorce can be delegated by the husband.