Right of Wife to Get Khula in Pakistan:
Khula in Pakistan is the right of
wife as per Pakistani law. Divorce in Pakistan by the way of talaq is the right
of husband. Distinction between the two is that Khula in Pakistan
is a form of dissolution of marriage for a consideration to be paid by wife,
where a Qazi or Judge decides the same to be a fit case for divorce in
Pakistan. Where a wife has developed such dislike or aversion that she
cannot live with husband under any circumstances and pays consideration to him
for the same, then she has a right to approach the Court to obtain khula in
Pakistan from her husband. Divorce in Pakistan has been disdained by the Holy
Qur'an to a very high degree. Divorce, pushed into the male dominated society,
is woven into multiple vices, social and economic, including an indelible
stigma to haunt her for whole of her life and instances are not wanting when a female,
driven to a state of penury, with no one to look after, may have to barter her
soul for her body.
Islamic Point for Khula Talaq as Khula procedure:
Talaq is Arabic word which means
undoing of or a release from knot. Text of the Holy Qur'an on the subject and
sayings and doings of the Prophet are refreshingly 'modern and rational but
rigid approach and individual disbelief have shut the door of reason. Husband
announced divorce thrice to his wife, same becomes operative according to
Hanafi Sect. 3 Khula' and "Mubaraat"-Distinction. Mutual decision of
the parties is Khula in Pakistan. Circumstances, in the present case, showed
that dower was left by the wife in lieu of khula. Where the Chairman,
Arbitration Council had determined the quantum of maintenance to be paid by the
husband without any proof of his income, High Court modified the judgment and
decree passed by the Chairman accordingly. Under the Muslim Law there are three
kinds of divorce in Pakistan:(i) Talaq-i-ahsan;(i) Talaq-e-Hasan; and(ii)
Talaq-i-biddat.
Some Rule and Condition About Different Fiqah for Talaq:
The former is pronounced once
during a Tuhr followed by abstinence from sexual intercourse for the period of
lddat. The latter is three pronouncements simultaneously divorce becomes
irrevocable according to paragraph 312 of Muhammadan Law by the Mulla after the
period of lddat in the case of Talaq-i-ahsan and on the completion of third
pronouncement irrespective of the period of lddat in the later case. Since the
Talaq in the later case becomes irrevocable at once, it is known as Talaq-i-
bain schools of thought on triple Talaq are Fiqah Jaffaria does not recognize
it valid; Malikies also share the same views Shafies also share the same view,
Hanblies recognize triple divorce as one, if marriage is consummated and it pronounced
in a particular form.
Some Initial Rules For Talaq which are required:
Marriage had been dissolved
consequent upon an incident of about one year ago when her husband out of anger
uttered the word Talag published in the daily Bangla bazar Patrika on 2-12-2000
stating that Sahida, wife of Saiful was forced to marry her husband's paternal
cousin on a so-called fatwa given by Hazir Azizul Huq that her marriage had
been dissolved consequent upon an incident of about one year ago when her
husband out of anger uttered the word Talaq but thereafter continued their
married life whereupon suo motu Rule was issued. Dissolution of marriage by
uttering the word Talag once or twice at the same time is against the
Injunction of the Qur'an and the Hadith as well as invalid in law under S. 7 of
the Muslim Family Laws Ordinance and such type of Talaq is rightly called as
Talaq-ul-Biddat or heretical divorce and hence the marriage between Saiful and
Sahida was not dissolved and that if it is taken for the sake of argument that
the marriage was dissolved, even then there was no legal bar for Sahida to
remarry Saiful without an intervening marriage with a third person and as such
the Fatwa in question is wrong.
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