Sponsored Links


+ Reply to Thread
Results 1 to 1 of 1

Thread: Define Khula, how it is different from divorce.

  1. #1
    Moderator
    Join Date
    Oct 2010
    Posts
    1,273

    Word Icon 35px Jpg.ashx Define Khula, how it is different from divorce.

    Sponsored Links
    Q. Can the right of divorce be delegated to a third person. (1998)(2000)
    1. Introduction:

    Khula is a form of divorce which is based on mutual consent of the parties. prior to Islam to Islam the wife had no right to seek dissolution of marriage. in Khula the wife gives or agrees to give a consideration to the husband for her release from the marriage tie.
    2. Meaning of Khula:
    Khula means put off.
    3. Definition:
    I. General:

    Khula is separation by putting and end to matrimonial bond and rights.
    II. Case law definition:
    Monshee Bazul-ul-Reheem
    Vs.
    Luteef untoon Nisa- - (1861) 8 M. I. A

    A diverse of Khula is a divorce with the consent, and at the consent, and at the instance of the wife in which she gives or agrees to give a consideration to the husband for her release from the marriage tie.
    4. Divorce:
    Divorce is dissolution of the marriage tie of the husband and wife.
    Case law
    Human Hafeez V/S Shaukat Javid 1993 CLC 855

    It was held that Talaq is to be pronounced by husband at his own initiative but Khula is given at the instance of wife when husband and wife can not maintain limits of God.
    5. Difference between Khula and Divorce:
    I. As to right:

    The right of divorce is exercised by the husband.
    The right of khula is exercised by the wife.
    II. As to dower:
    The wife is entitled for dower in case of divorce.
    The wife is not entitled for the payment of downer in case of khula.
    III. As to reason:
    The husband can divorce without any reason.
    IV. As to offer:
    There is no offer to wife by the husband.
    There is an offer by the wife to husband for some consideration.
    V. As to procedure:
    For pronouncement of divorce, the husband has not to follow any procedure.
    For khula, the wife has to file a suit in the court.
    VI. As to scope:
    The scope of the divorce is unlimited.
    The scope of khula is limited.
    VII. As to return of remuneration:
    In divorce husband has not to give back benefits which he has received by his wife.
    6. Delegation of divorce:
    A husband can delegate his right of pronouncing divorce.
    (a) any other person.
    (b) his own wife.
    7. Effect of delegation:
    Delegation of right of divorce does not divorce does not deprive the husband of his own right to give divorce.
    8. Conditions:
    (a) Husband should be sound minded.
    (b) He should have attained puberty.
    9. When delegation can be made:
    Delegation of right of pronouncing divorce can be made.
    (i) at the time of marriage.
    (ii) It can be made after the marriage.
    10. Forms of delegation:
    It may be
    (a) absolute
    (b) conditional
    11. Nature of delegation:
    The delegation of right to pronounce divorce to the wife is irrevocable but to any other person is revocable.
    12. Distinction between Sunni and Shia law of divorce:
    (i) As to form:

    (i) Under Sunni law Talaq Biddat and Sunnah are acceptable.
    (ii) Under Shia law Talaq Biddat has no existance.
    (ii) As to Witnesses:
    Under Sunni laws at the time of divorce the presence of witnesses are not essential.
    Under Shia law presence of two witnesses are essential.
    (iii) As to intention:
    Under Sunni law mere the words of divorce are enough to effect the divorce.
    Under Shia law there must be intention for divorce.
    (iv) As to time:
    Under Sunni law divorce can be pronounced at once.
    Under Shai law until husband is not capable to pronounce divorce, the documentary divorce shall not acceptable.
    (v) As to compulsion:
    Under Sunni law divorce under compulsion is valid.
    Under Shia law divorce under compulsion is in valid.
    (vi) As to intoxiction:
    Under Sunni law divorce under intoxication is valid.
    Under Shai law divorce and intoxication is in valid.
    13. Conclusion:
    To conclude I can say that, the divorce is dissolution of marriage tie of the husband and wife. the Khula is the recognized form of divorce affected by the act of the parties. the power of pronouncing divorce can be delegated by the husband.

    Sponsored Links
    Attached Files

+ Reply to Thread

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

     

Visitors found this page by searching for:

difference between khula and mubarat

khula in islam in urdu

difference between talaq and khula

difference between khula and talaq

difference between divorce and khula in islam

what is khula in islam in urdu

khula in islam

divorce in islamic law in urdu

law of divorce in islam in urdu

explain khula under divorce in islamic marital jurispudence

islamic law about divorce in urdu

islamic law of divorce in urdu

what is the difference between khula and talaq

difference between talaq and khula in islam

what is the meaning of khula in islam

http:www.vuhelp.netislamic-personal-law-llb-part-237964-define-khula-how-different-divorce.html

talaq khula

in muslim law what is difference between divorce and khula

urdu books about khula and talaq

talaq and khula in urdu

procedure of khula in islam in urdu

khula in muslim family lawdifference between divorce and khulakhula and mubarattypes of khula in islam
SEO Blog

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
-: Vuhelp Disclaimer :-
None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us.
Pknews |Vugurus|Education news|Online Education|Indian Dramas