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The Shariah Concept of Khula and the Jurisdiction of Court

. Muhammad Faisal Nadeem, Dr. Muhammad Sajjad Malik, Dr. Imran Hayat, Ms. Sahrish Rubab and Hafiz Abdul khaliq


Abstract

Therefore, according to the family laws of the Qur'an and Sunnah, if a marital matter comes to court, the first priority of the judge should be reconciliation between the spouses. If she is not ready for the husband, then the wife should make some transactions and persuade the husband to divorce. This is called khula. If none of these measures are effective and the wife states a reason from the Shari'ah which is the cause of the distinction and the judge is convinced to some extent that it is true in the light of facts and evidence then A Muslim judge has the right to discriminate with special conditions. In short, the consent of both spouses is required for khula. If neither of them agrees, then khula will not take place. After the separation, her 'iddah is three months.

Key Words: Khula, Nikah, Mahar, Shariah, Court

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