FSC declares women's right to khula as absolute.

ISLAMABAD -- The Federal Shariat Court (FSC) has held that the right of khula granted to women by the Holy Quran and Sunnah is an absolute and unique right, whereby a marriage can be dissolved through a court at her will.

In a 13-page detailed verdict, Justice Dr Syed Muhammad Anwer ruled that a wife can get this right by showing her willingness to return the mehar (dower) to her husband and in addition by simply stating in a court of law that she can no longer live with her husband as his wife 'within the prescribed limits set by the Almighty Allah as a reason for dissolution of marriage'.

This right of women cannot be denied by the court of law, the order read.

The FSC, headed by Chief Justice Iqbal Hameed ur Rehman, presided over two legal inquiries. One, determining if the right of khula is an unconditional entitlement for women in Islam and identifying the necessary prerequisites for obtaining it. Two, establishing if a judge can grant khula upon the request of a wife when her husband refuses to grant it to her.

The judgment noted that it is the fundamental right of a woman according to the injunctions of Islam as laid down in the Holy Quran and Sunnah to claim a decree for dissolution of marriage from the court of law, which cannot be denied.

"Secondly, to seek a decree of dissolution of marriage on the basis of Khula from the court of law, levelling of any allegation of maltreatment or mistreatment and misbehaviour is not at all necessary.'

The ruling highlighted that it was sufficient for a wife to state that she dislikes her husband to the extent that she cannot live with him as his wife within the limits prescribed by Allah for the court to proceed upon her demand.

'The wordings of these Ahadith are also very relevant that any kind of subjective feeling regarding disliking of a husband is a valid ground for dissolution of marriage on the basis of khula, no additional ground or proof is required by the court to prolong the matter,' the judgement said.

The court further said that if a woman wants khula from her husband and she wilfully returns the full amount of mehar to her husband as 'Badal-e-Khula' then the court should pass a decree of Khula without delay.


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