Court Opinion on Khula in Pakistan For Females

Opinion on Khula in Pakistan: 

If you need opinion on khula in Pakistan through top 10 lawyers in Pakistan, you may contact us. It also ruled that it was not bound by the opinions expressed by Muslim jurists. The Council of Islamic Ideology has changed its view on the law of khula in Pakistan through top 10 lawyers in Pakistan. 

Radical view about Khula:

In 2008-9, the Council held a radical view about Khul’ under Dr. Khalid Mas’ud. However, it returned to its traditional view under Mawlana Schirani in 2015. It is quite surprising that neither the Federal Shariat Court nor the Superior Courts have looked into verse 4:35 of the Qur’an, as it was understood by many Maliki jurisprudents. The verse was ignored by the CII, as well as the Habiba/Jamila precedent and the views of Maliki jurists. [1] See Articles 229 and 230 of the Constitution of the Islamic Republic of Pakistan (Islamabad: Ministry of Law, Justice and Parliamentary Affairs, 2010) 130-131. 

Council of Islamic Ideology’s:

Council of Islamic Ideology’s meeting Annual Report 2008-9 (Council of Islamic Ideology 2009). 170 The CII was led at that time by Dr. Khalid Mas’ud, who was a follower of Dr. Fazlur Rahman. It is said that neither of them shall sin for the things that the wife might give up [to her husband] to be free. [5] ‘Don’t annul marriages under the name of Khula’ CII Chief urges courts’ The Express Tribune (28 mai, 2015) accessed August 8, 2015. The Council does not have any independent power to enforce.

Pakistan’s Constitution:

 Article 227-231 of Pakistan’s Constitution only provided a mechanism by which the Council could provide advisory input to the Government of Pakistan on the ‘Islamic credentials’ of existing and proposed laws on khula in Pakistan through top 10 lawyers in Pakistan. In our view, a law at the state level should be passed that requires that a husband has a 90-day obligation to divorce a woman within 90 days of her written request. 

Top 10 Lawyers in Pakistan:

The husband on khula in Pakistan through top 10 lawyers in Pakistan must agree to divorce her within 90 days if she refuses. After this time, the husband has no right to cancel. The wife must return assets and property given to her by the husband except for dower and maintenance if demanded by the husband or else approach a court of law for the resolution of the conflict (of return of assets/valuables). 

There are Several Things to be Aware 

First, it seems that the Council’s Recommendation is a departure from verse 2:229 in the Qur’an, where the wife must pay something to get herself free. The second is that the Recommendation seems to depart from the precedent set by the Prophet in Habiba’s Case discussed above for khula in Pakistan through top 10 lawyers in Pakistan. In which the Prophet asked her to return her dower from her husband in exchange for her freedom from marriage, it appears that the Recommendation does not follow this precedent. The third is that the Recommendation conforms to Islamic law, particularly the Qur’an and the Sunnah, in cases where the husband causes discord. The Recommendation is in agreement with section 10(4), West Pakistan Family Court Act 1964, as amended in 2002.

By Alex

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