RIGHTS OF DIVORCE OR KHULA TO WIFE ACCORDING TO ISLAAM
The wife can pronounce divorce while exercise her right of divorce delegated by her husband as per clause 18 of nikkahnama under Pakistan Muslim family law ordinance 1961 otherwise she has to proceed the case in family court for dissolution of marriage by way of khula if her husband does not agree to pronounce the divorce.
Marriage in Islam is the religious contract between two parties. But the unfortunate thing it can be ended like other contracts. It can be dissolved either by death or by divorce or khula. Islam gives legal rights to dissolve the marriage to both parties. The husband has the right to end the marriage by giving talaq and the wife also has the right to divorce if it has granted in the marriage contract. But if the right has not given in the contract then the woman has the right to peruse the khula in court to end the marriage contract. According to Pakistani law, it is important to have the concerned certificate of dissolution of marriage.
In Islam, women have many rights to protect herself from any type of injustice, in the case of injustice from the husband. Women can end her marriage according to the two ways:
• Mutual divorce
• Khula (divorce by the court)
In this type of divorce, the couple does not need to approach the courts. The marriage can be easily ended, cheaply by following steps. In this divorce, both men and women need to sign on mutual divorce deed and send this notice to government officials under sec 8 of Muslim law ordinance. It is the responsibility of the government to follow the process of notice issuance of the dissolution certificate of marriage.
If the woman does not delegate to the right of divorce in the marriage agreement, then she can endeavor the khula from the court which means “uncovering the knot” and freeing the marriage by the wife with the supervision of the court. According to Pakistan law guidance, the wife is allowed to apply for khula if she cannot live with her husband under the limits described by Allah in Islam, in this, it takes such a declaration or contract which helps her to build a case for khula. The issues like abuse, physical treatment, rudeness, not fulfill the rights of husband and wife under the Islamic laws and the husband insanity for more than 2 years because of serious illness, allow the women to take the khula and end the marriage rather than stay and bear injustice
So if any women are suffering from these types of issues from husband then she is supported by Islam to take her stand and apply for khula. Spectrum law associates give you all the conventional guidance regarding this issue also SLA provides you all the proper direction of common divorce and khula because in Islam women hold equal rights to the men.