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Rights of Divorce or Khula to Wife in Islam
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Right of divorce (Talaq-i-Tafweez)
The wife can pronounce divorce while exercised her right of divorce (Talaq e Tafwiz) delegated by her husband as per clause 18 of the Nikahnama under Pakistan Muslim Family Law Ordinance’ 1961 otherwise she has to proceed a case in Family Court for “Dissolution of Marriage by way of Khula” if her husband not agree to pronounce divorce or refused for a mutual divorce in her demand.
Marriage in Islam is the religious and pious contract between two parties. But the unfortunate thing is, it can be ended like other contracts. It can be dissolved either by death or by taking divorce or Khula. Islam gives legal rights to dissolve the marriage to both parties. The men have the right to end the marriage by giving Talaq and the wife also to have the right to divorce if it has granted in the marriage contract or nikahnama. But if the right has not given in the contract then the women have the right to peruse the Khula to end the contract. According to Pakistan law, it is necessary to get the marriage certificate of dissolution from the concerned office of government which will be considered as the proof of ended marriage.
In Islam, women have so many rights to protect her from any type of injustice, in the case of injustice from husband, women can end her marriage in two ways which are following:
- Talaq-i-Tafweez
- Mutual Divorce
- Khule (Divorce Decree by Court)
In this type of divorce, the couple does not need to approach the courts. The marriage can be ended easily, cheaply and by following few steps. In this divorce, both a man and women sign on mutual divorce deed and send that notice to the Government office under section 8 of Muslim law ordinance. It is the responsibility of the government office to follow the process of notice issuance before the issuance of the dissolution certificate of marriage.
Khula
If the women do not delegate to the right of divorce in the marriage contract, then she has the right to peruse for the Khula from the court which means ‘breaking the knot’ and untying the marriage by the wife with the help of the court. According to the Pakistan family court ordinance, the wife is allowed to apply for Khula if she cannot live with her husband under the “limits described by the ALLAH in Islam”, in this it takes such a statement or oath which help her to establish a case for Khula. The issues like Mistreatment, Physical Abuse, Unequal Treatment, Disrespect, Not fulfil the rights under Islamic law and the Husband’s insanity for more than 2 years because of serious illness, allow the women to take Khula and end up her marriage rather than stay and bear the injustice.
So, if you as women facing any kind of domestic violence or any type of injustice or issues from the side of your husband you are allowed by the Islam to live or take a stand if it is impossible to stay due to high negligence peruse for your rights and apply for divorce or Khula. Zahid Law Associates gives you the proper guidance regarding this issue also Zahid Law Associates provides the proper procedure of Mutual divorce as well as Khula procedure because in Islam women hold equal rights to the men.
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