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Difference Between Khula and Talaaq

Difference Between Khula and Talaaq

What is Difference Between Khula and Talaaq

A talaq or talaaq terminates a marriage according to Islamic law. In Islam, a married woman is entitled to ask for a divorce or get a divorce if she separates from her spouse through Khula (divorce). Following a divorce, it is the husband’s responsibility to provide for the children’s education and all other expenses.

In Pakistan, a woman can have several reasons to consider separation or divorce. In Pakistan, women are permitted to seek a judicial divorce by knocking on the door of the court.

The mentality of Pakistani women is gradually changing as they want to escape loveless marriages and abuse by their husbands and other in-laws. Traditionally this was deemed taboo in Pakistani society and it is still associated with a lot of dilemmas, but the world has changed tremendously thanks to fast-moving technology. But as a strict Muslim nation, the number of women with the courage to seek divorce remains small due to many social behaviors.

Difference Between Khula and Talaaq

What is the difference between Talaq and Judicial Khulla (Divorce)?

Talaq: It is an Islamic divorce in which the husband terminates the marriage contract voluntarily. Under section 7 of the Muslim Family Laws Ordinance 1961, a husband can pronounce talaq both orally and in writing. When the wife receives written notice of divorce or oral talaq. Upon receiving a divorce certificate, the husband must send a written notice by registered mail to the Union Council or the appropriate government office. The husband is required to provide the address of his ex-wife in the said notice, which will allow the government office to mail notices to her by registered mail and to constitute an arbitration council within 30 days of receipt of notice for reconciliation and settlement. After three monthly notices (90 days), the Union Council or Chairman Arbitration Council must issue a divorce certificate. The applicant will be represented by a Special Power of Attorney in Pakistan on his behalf in the absence of the applicant. Protecting women from immediate or unrecorded divorce was the objective.

An important point to be noted about verbal talaq:

In law, a verbal talaq is not recognized and the husband’s failure to inform the government office of the divorce constitutes no divorce. In any case, it is also crucial to note that Islamic scholars hold that divorce once declared by the husband and khula once obtained from a court of law are valid and binding.

Wife’s Right of Khula (Divorce) or Talaq

A wife can also unilaterally dissolve her marriage if her husband has entrusted her with the right to divorce in her marriage contract or Nikahnama. The wife cannot dissolve her marriage by herself if the divorce is not given to or mentioned in the Nikahnama, but she still has the right to apply for khula in the Family Courts of Pakistan.

Khula (Divorce):

Khula is also known as dissolution of marriage by way of judicial divorce.

Khula Rules or Grounds on which a woman may seek khula include:

 

  1. Four years of husband’s abandonment.
  2. Two years of failing to maintain the wife.
  3. Contravening established legal procedures, the husband contracts a polygamous marriage.
  4. A seven-year sentence for the husband.
  5. During the past three years, the husband failed to fulfill his marriage obligations.
  6. Since the marriage, the husband has been impotent.
  7. For a long time, the husband suffered from serious illness or insanity.
  8. If a wife was contracted into marriage before the age of 16 by any guardian, she can exercise her right to repudiate the marriage before the age of 18 (if it has not been consummated).
  9. Unfair treatment of co-wives by your husband, including physical abuse or other mistreatment,
  10. According to Muslim law, there can be any other grounds for dissolving a marriage
  11. In accordance with the Dissolution of Muslim Marriages Act (1939), a judicial khula may also be granted without the consent of the husband if the wife is willing to give up her monetary rights. The wife is required to waive off her haq mehr/dower amount at the time of filing the khula suit if it hasn’t been paid. Gifts given to the wife by her husband or his family do not necessarily have to be returned. Depending on the facts and other evidence in the case, the court determines how much and what to return. As long as the wife does not pay back such items, khula is still effective. The husband must file a separate suit for recovery of the donated items. The Family Court will issue a decree after the hearing and notify the Chairperson of the Arbitration Council or the Union Council. Khula takes effect after 90 days have elapsed from the Talaq notice.
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