Women’s Right to Khula Divorce under Islamic laws

Women’s Right to Khula Divorce under Islamic laws

Islamic marriages are meant to be the long-term relationship, as Islam directs the couple to support each other in the difficulties of life. However, not all the marriages last forever. Legally, every men and women have the right to dissolve their marriage, if they want. In conservative society of Pakistan, divorce is considered as a stain on women’s overall character. Therefore, typical parents do not recommend their daughters to get divorced, even on worst circumstances. However, the education and awareness campaigns lead to propel the women for their marital rights. Now every woman knows that Islam and Islamic laws have given the right to khula and dissolve their marriage, without her husband’s consent. Whether you get married through service of online shaadi in Pakistan or typical matchmaking process, you have the right to khula in awful condition of marriage.

In
Sureh Baqarah, Verse no. 229, the right to divorce has been described.

طلاق (صرف) دوبار ہے, پھر (عورتوں کو) یا تو بطریق شائستہ (نکاح میں)
رہنے دینا یا بھلائی کے ساتھ چھوڑ دینا۔ اور یہ جائز نہیں کہ جو مہر تم ان کو دے
چکے ہو اس میں سے کچھ واپس لے لو۔ ہاں اگر زن و شوہر کو خوف ہو کہ وہ خدا کی حدوں
کو قائم نہیں رکھ سکیں گے تو اگر عورت (خاوند کے ہاتھ سے) رہائی پانے کے بدلے میں
کچھ دے ڈالے تو دونوں پر کچھ گناہ نہیں۔ یہ خدا کی (مقرر کی ہوئی) حدیں ہیں ان سے
باہر نہ نکلنا۔ اور جو لوگ خدا کی حدوں سے باہر نکل جائیں گے وہ گنہگار ہوں گے)۲۲۹(

Conditions for Khulah:

There
are some conditions for getting Khulah or Judicial Divorce, under Family law
ordinance 1961. Women, who are going through any of below mentioned conditions,
can seek judicial divorce in family court and remarry again.

  • If husband betrays
    the wife
  • If Husband left
    her for the period of 4 years
  • If husband failed
    to maintain for the period of 2 years
  • If husband cannot
    give obligatory right to wife for the period of 3 years
  • If husband is
    sexual impotent from the time of marriage
  • If husband is
    mentally ill for 2 years
  • If woman gets
    married forcefully before the legal age of marriage, i.e. 16 years old, which
    marriage she rejects before 18 years.  
  • If husband is
    constantly being violent and cruel on wife
  • Any other
    condition that distinguish as valid under Muslim Family Law

If woman is facing any of such condition then she should consult the expert divorce lawyer for legal khulah procedure. Divorced women also have the right to remarry again and continue their life with better and compatible life partner. The online matrimonial website is helping the divorced woman and divorced man to find online rishta for second marriage in Pakistan.

Procedure
to File a Suit for Khulah:

Woman,
who is seeking khulah divorce from her husband, needs to submit the khulah
application in union council. The court hearing for khulah case will be
proceeded in family court. The court will give the period of 30 days for the
reunion of couple. If reconciliation does not happened then khulah decree will
be provided with the expiry of 90 days. After 90 days of iddat, the khulah
becomes effective. Woman can remarry again after iddat periods.

Talaq e Mubarat:

Husband
and Wife can also dissolve their marriage with the mutual consent. In divorce
by mutual agreement, wife has to compensate her husband by giving money or part
of her property. According to the Quranic verse (2:229):

And it not lawful for you that you take from women out of that which you have given them: except (in the case) when both fear that they may not be able to keep within the limits (imposed by Allah), in that case it is no sin for either of them if the woman ransom herself.”

The best feature of talaq e mabarat is both the parties are happy with the divorce. They can start their life separately with happiness. After getting divorce, you can find the online rishta in Pakistan for second marriage and get the suitable life partner from here. Your life will not end on divorce. The destined Mr. Right or Miss Perfect may be searching you at the portal of online marriage bureau.

Who Will
Take The Custody Of Children After Divorce?

After
getting divorced, man and woman can file the suit for the custody of children.
Custody will be provided according to the family court act 1964. The
maintenance and interest of the minor child is kept in consideration while
giving the custody to any parent. The parent source of earning, parent
capability to maintain the children’s life, parent education, and future goals
of parent are playing the significant role in deciding which parent takes the
custody of children after divorce. The parent should comply with the Convention
on the Rights of the Child 1989 for keeping his or her children.

Islam and Family court has given the various rights for securing women from injustice. Do not compromise of any of your right. If your husband refuses giving your right then simply claim it in family court. You do not need to worry about how you can reboot your marital life. The platform of online matchmaking in Pakistan is providing you the portal for finding online girl rishta and online boy rishta for second marriage in Pakistan. Registration is free of cost. You just need to get registration, make your profile, buy the suitable package, and avail the service of online shaadi in Pakistan.

Leave a Reply

Your email address will not be published. Required fields are marked *