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Khula: Difference between revisions
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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 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: | |||
*Khul' is not the 'right' of a woman, but it is still the 'right' of husband to either grant it or to deny it. | *Khul' is not the 'right' of a woman, but it is still the 'right' of husband to either grant it or to deny it. | ||
* | *No Islamic Curt could compel the husband to divorce her if he doesn't want to divorce her. | ||
*In Khul', a woman has to offer | *In Khul', a woman has to offer themoney to her h<nowiki/>usband in exchange for the dissolution of the marriage. | ||
*If he accepts the | *If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money offer, then she must stay with him, and no court could compel him to divorce her. | ||
*Even if the husband is abusive, and he beats her brutally (even with bruises on her body), still she could not get her freedom through Khul'. | *Even if the husband is abusive, and he beats her brutally (even with bruises on her body), still she could not get her freedom through Khul' according to the traditional rulings of shari'ah. | ||
*Only in case | *Only in the case that her husband causes grievous injury such as breaking her bones, does she get the right to go to the court in order to dissolve the marriage. Yet still s<nowiki/>he has to pay the money to her husband, even in case if he broke her bone. | ||
Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | ||
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*A women gets the right to go to the court, and get her freedom 'without paying' any 'ransom money'. | *A women gets the right to go to the court, and get her freedom 'without paying' any 'ransom money'. | ||
* | *Faskh can take place only in very few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not known). | ||
*Nevertheless, | *Nevertheless, while even in the above mentioned special cases, traditional Islamic law still compels her to wait for several years to get the marriage dissolved and makes no allowances for her needs or suffering during this period of time. | ||
==Quranic Verse about the Khul'== | ==Quranic Verse about the Khul'== | ||