Abstract
Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.
Highlights
The most important practical life for a Muslim is his/her family or personal life
Council of Islamic Ideology has recommended some amendments, but we reviewed it critically
Supreme court allowed khula without consent of husband, but it has been criticized by Scholars Mufti Taqi Usmani
Summary
Is started with Nikah in Islam while there are many ways to end this relation for instance Divorce, Dissolution of marriage and khula. Every way of separation between husband and wife has its own procedure and consequences. As Talaq is a tool for husband to discontinue his conjugal life and in the same manner, Kula is a tool for wife to cancel her contract of marriage if there is an actual cause of inconveniency for wife therefor shariat does not force a woman to stay with the husband by all means but Islamic has protected and cared of women’s rights in every step of life so if husband accept kula,it will get effective otherwise wife is needed to judicial intervention. Single irrevocable divorce is the legal consequences of Khula and the wife is able to
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