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Here’s Everything You Need to Know About the Validity of ‘Khula’ in Islam

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In situations where the wife asks for the divorce from the husband, is known as Khula. In the Holy Quran, the incident of Thabit b. Qais’s wife asking the Prophet Muhammad (PBUH) for divorce, from her husband, was stated and mentioned in detail. Essentially, the incident stated that the Prophet Muhammad SAWW asking the wife to return the garden which was given to her as Mahr (dowry) in the marriage and she accepted it. Hence, the marriage was dissolved and the concept of Khula emerged.

Despite the Islamic compliance, the emergence of khula is a prominent product of judicial activism in Pakistan. This kind of divorce was fully implicated in the case of Balqees-Fatima vs Najam-ul-Ikram. It is now widely accepted and incorporated; giving women the right to dissolve a marriage.

Source: Daily News

Source of khula is not anything else, but, Quran and Hadith, itself. It draws its validity from Surah 2:229, 4:35 and Jameela-Hadith. As Surah 2;229 says, “But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.”

Source: Tumblr

So, here, learned judge interpreted “you” as judicial officers. But, the important condition to this right is that judicial officer should be satisfied which they can not keep within the limits of Allah. So, this right is not absolute.

Source: Daily News

Although this interpretation might not sit well, the reality is, that it is a true interpretation according to Jameela-Hadith. Here, the judge argues that Prophet (S.A.W) was acting in his judicial capacity.

“Wife of Thabit ibn Qais(RA) came to Nabi (Sallallaahu Alayhi Wasallam) and said(Radhiallaahu Anhu), I do not fault his character nor his Deen (religion), but I fear to be ungrateful in Islam. I want to return his garden to him in exchange for Talaaq. Nabi (Sallallaahu Alayhi Wasallam) said (to her husband), ‘She wishes to return your garden to you (in exchange for Talaaq) and pronounce divorce.”

Hence, this right confirms the validity of khula in Islam. Not only this but surah 4:35 strongly supports this right. According to this surah, there is power to reconcile by appointment of two arbitrators; one from each party and then the decision of those arbitrators are binding.

Now, there seems to exist no doubt on the validity of khula in Islam, however, the debate in what the circumstances are on the grant of khula, is still ongoing.

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