Khula - Revision history

Asmith: improved language and updated score

2026-03-27T01:21:31Z

improved language and updated score

← Older revision		Revision as of 01:21, 27 March 2026
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	''Talaq'' (طلاق) (divorce) is the right of a man to end his marriage in Islamic law, which is permitted for any reason. According to traditional [[Fiqh (Islamic Jurisprudence)\|fiqh (Islamic jurisprudence)]], women do not share this right. Although modern Islamic feminists have challenged this inequality, it remains the position of the major madhaahab (schools of jurisprudence) of Islamic law. A woman who wishes to divorce her husband must instead obtain permission "through the (Islamic) court" by means of a process known as ''khula'' or ''Khul''' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.		''Talaq'' (طلاق) (divorce) is the right of a man to end his marriage in Islamic law, which is permitted for any reason. According to traditional [[Fiqh (Islamic Jurisprudence)\|fiqh (Islamic jurisprudence)]], women do not share this right. Although modern Islamic feminists have challenged this inequality, it remains the position of the major traditional madhaahab (schools of jurisprudence) of Islamic law. A woman who wishes to divorce her husband in traditional Islamic courts must instead obtain permission "through the (Islamic) court" by means of a process known as ''khula'' or ''Khul''' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.

	Khul' is subject to several conditions and restrictions not applied to talaq.		Khul' is subject to several conditions and restrictions not applied to talaq.
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	==Influence of Islamic law on modern legislation==		==Influence of Islamic law on modern legislation==
	The [https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 'Dissolution of Muslim Marriages Act, 1939'] shows influence from the ideas of Faskh. The law was written by Muslim scholars of the Indian subcontinent and later became official legislation in Pakistan and Bangladesh, as well as personal/family law for Muslims in India.		The colonial [https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 'Dissolution of Muslim Marriages Act, 1939'] shows influence from the ideas of Faskh. The law was written by Muslim scholars of the Indian subcontinent and later became official legislation in Pakistan and Bangladesh, as well as personal/family law for Muslims in India.

	{{Quote\|[https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 Dissolution of Muslim Marriages Act, 1939]\|'''Grounds for divorce'''		{{Quote\|[https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 Dissolution of Muslim Marriages Act, 1939]\|'''Grounds for divorce'''

Lightyears: /* Physical abuse leaving bruises */

2026-02-21T22:57:20Z

Physical abuse leaving bruises

← Older revision		Revision as of 22:57, 21 February 2026
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	==Physical abuse leaving bruises==		==Physical abuse leaving bruises==
	According to Sahih Bukhari, even a brutal beating resulting in bruises is not enough to dissolve a marriage through Khul' or in any other way:		According to Sahih Bukhari, even a brutal beating resulting in bruises is not enough to dissolve a marriage through Khul' or in any other way:
	{{Quote\|{{Bukhari\|\|77\|42\|~~in-book~~}}\|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"'''		{{Quote\|{{Bukhari\|\|\|5825\|darussalam}}\|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"'''

	When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife.		When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife.

Zhothaqquah at 18:40, 11 December 2025

2025-12-11T18:40:11Z

← Older revision		Revision as of 18:40, 11 December 2025
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Zhothaqquah at 21:35, 5 December 2025

2025-12-05T21:35:22Z

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Zhothaqquah: Revised language and removed argumentative material

2025-12-05T21:35:07Z

Revised language and removed argumentative material

Show changes

Asmith at 01:11, 29 October 2025

2025-10-29T01:11:44Z

← Older revision		Revision as of 01:11, 29 October 2025
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			{{QualityScore\|Lead=3\|Structure=2\|Content=3\|Language=1\|References=2}}


	Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah\|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as khula or Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.		Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah\|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as khula or Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.

Asmith at 00:09, 19 March 2022

2022-03-19T00:09:48Z

← Older revision		Revision as of 00:09, 19 March 2022
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	Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah\|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.		Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah\|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as khula or Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web\| title = Can Muslim women divorce?\| author = Yaqeen Institute \| work = YouTube\| date = 17 December 2019\| access-date = 20 October 2021\| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>.

	Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men:		Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men:

Asmith: Asmith moved page Khul' to Khula

2022-03-19T00:09:28Z

Asmith moved page Khul' to Khula

← Older revision

Revision as of 00:09, 19 March 2022

Asmith: /* A woman cannot get her marriage dissolved through Khul’ even if the man is infertile: */

2021-12-21T01:18:17Z

A woman cannot get her marriage dissolved through Khul’ even if the man is infertile:

← Older revision		Revision as of 01:18, 21 December 2021
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	It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such an abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.'''		It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such an abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.'''

	==A woman cannot get her marriage dissolved through Khul’ even if the man is infertile:==		==A woman cannot get her marriage dissolved through Khul’ even if the man is infertile==
	All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile.		All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile.

Asmith: /* Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic law: */

2021-12-21T01:17:53Z

Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic law:

← Older revision		Revision as of 01:17, 21 December 2021
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	*Although the woman gets the right to have divorce in these special cases, the duration of process is extremely long, and she has to suffer this whole period unilaterally.		*Although the woman gets the right to have divorce in these special cases, the duration of process is extremely long, and she has to suffer this whole period unilaterally.
	*Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's ~~call~~ for ~~marital obligation etc~~.		*Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's perceived marital needs, or for many other reasons.

	==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh==		==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh==