An Analysis of Husband's Consent in Khula

Abstract

Society is formed of various families and life partners are thought to be the foundation of this setup and they are reinforced together by the relationship of marriage. Their lovely life together raises an excellent generation resulting in the development of an ideal society. Be that as it may, because of the inherent contrasts of their tendency at times it gets to be troublesome for a spouse to live with his wife or the other way around, in these circumstances where husband has a right to divorce his wife Islam has additionally allowed numerous choices to the wife too. She may persuade her husband to divorce her and might offer to relinquish her rights and pay some consideration in exchange of separation from her husband or approach the court of justice to award her freedom in the form of 'annulment of marriage' or 'separation', on the premise of few reasons which are very much characterized in the law. This privilege of the wife is termed as "Khula" in Islam. This article comprises of: literal and colloquial meaning of 'Khula', proof of "Khula" from Qur'an, Hadith and Ijmaa, components of 'Khula', expressions of 'Khula', order for seeking 'Khula' without any reason, details of consideration for 'Khula' and its quantity/amount, order for forfeit of rights for 'Khula', annulment of marriage and divorce, "iddat" of a woman after "Khula" and afull description of the conditions of 'Khula'. Further, we have additionally demonstrated that one of the conditions of "Khula" is that it is awarded with mutual consent of the spouses since it is plainly obvious from Qur'an and all the scholars of Islam, including Hanafi, Maliki, Shafai, Hanbiliand Zawahiri, has agreed that the husband must be prepared and willing for the 'Khula', he might be convinced however can't be compelled to settle on this choice. Possibility of the decree for "Khula" by the court is also covered in this article. All the scholars of Islamic statute have consistently conceded to the five grounds on which the Ruler or Judge is entitled to pass a decree for the dissolution of marriage.