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Khula: Difference between revisions
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{{QualityScore|Lead=3|Structure=2|Content=3|Language= | {{QualityScore|Lead=3|Structure=2|Content=3|Language=4|References=2}} | ||
''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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==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|| | {{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. | ||
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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''' | ||