Khula: Difference between revisions

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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>.

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.