ISLAMABAD: Pakistan’s Federal Shariat Court (FSC) has ruled 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 decree at her will.
In a 13-page detailed verdict, Justice Dr Syed Muhammad Anwer declared 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”. The ruling said that this right of women cannot be denied by the court of law.
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 observed 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 noted 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 read.
The Shariat Court further held that if a woman wants ‘Khula’ from her husband and she willfully returns the full amount of ‘Mehar’ (Dower) to her husband as “Badal-e-Khula”, then the court should pass a decree of ‘Khula’ without a delay.
“We would like to highlight this important point regarding khula that it is not always necessary or binding on the woman to completely forego her dower for seeking dissolution of marriage on the basis of Khula. The amount of monetary compensation, which is to be paid by a woman, in the case of Khula cannot be greater than the dower amount received by her from her husband.”
