WHATS IS KHULA || ITS ESSENTIALS || GROUNDS || LEGAL EFFECTS || REVOCATION ||

Question no. What is Khula? Who can exercise it and on what grounds? 1. Introduction: Under Islamic law, khula is one of the mode or procedure through which are women can divorce her husband, after returning the dower (haq mahr) That she had received from her husband. In this case the husband takes the payment back and sets his wife free from her responsibilities. Before promulgation Of Islam a woman had no rights to divorce her husband by paying the dower back to him, but Islam has introduced this concept. Khula is a divorce with mutual consent and at the instance of a wife in which she agrees to give up the consideration (haq meher) to her husband. 2. Meaning of khula khula is in Arabic word which means to “put off” or the separation of the wife in return for a payment Definition of khula khula is a mutual divorce through which a woman seeks a divorce from her husband by returning the dower (mahr). Reference in the time of the holy prophet SAW The wife of Thabit bin Qais Requested the holy prophet SAW for a divorce from her husband. The holy prophets SAW ask her to return the amount given to her at the time of marriage as dower. She accepted this condition, and the marriage was dissolved. Essentials of khula Khula is a divorce with mutual consent and at the instance of a wife in which agrees to give up the consideration (Haq Maher) to her husband. In khula there are some essentials that (a) The offer must be made by the wife. The first essential requirement for the enforcement of khula is that there must be a proposal made by the wife to husband for separation. (b) The offer must be accepted by the husband. The second essential which is required for khula is that the proposal of the wife for khula must be accepted by the husband. (c) Give up the dower to husband. Khula is a divorce in which a woman/wife give up the right of Dover to husband it is one of the main essential of khula. (d) offer is accepted then the wife must observe the period of iddat. When the offer and acceptance is made by husband and wife and the wife gives up his right of Dover to her husband after that the wife must observe the period of iddat. Grounds for khula The following are the judicial grounds of khula. i. disappearance of husband for four years. ii. failure to maintain his social obligation for two years. iii. husband has been imprisoned for seven years. iv. husband has failed to perform his marital obligation for three years. v. husband became insane. vi. husband gets sexual serious illness. vii. any other reason recognized by the court of law for khula. Revocation of Khula under the Islamic personal la, Islam gives permission to a woman who has made a request for khula can be revoked (cancelled) at any time before the acceptance of the offer by her husband. Legal effect of khula The following are the legal effects of khula. i. right marriage with another Under the Islamic law after taking khula, a woman can Marry with another person without any legal restriction on her. ii. right of remarriage. under the Islamic law, after taking the khula, are women can remarry with his previous husband without any legal restriction on her. iii. right of inheritance. under the Islamic law, after taking the khula, wife's rights of inheritance come to an end once the divorce is completed. iv. period of iddat. under the Islamic law, after taking khula, wife will have to spend the period of iddat v. Sexual intercourse becomes unlawful. under the Islamic law, after taking the khula, the sexual intercourse between the divorce husband and wife becomes Haram unlawful once the divorce is completed. vi. payment of Dover under the Islamic law, after taking the khula, Wife is legally bound to give our shows her intention to give the dower to her husband.