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Khula: Difference between revisions
→Women movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh
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*A women gets the right to go to the court, and get her marriage dissolved without paying any 'ransom money'. | *A women gets the right to go to the court, and get her marriage dissolved 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). | *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, Islamic Faskh is also unequal towards the woman, since even in the above mentioned special cases, Islam still compels her to wait for several years to get her freedom '''and she bears the burden in all these cases with no consideration from the Islamic court of her wellbeing.''' | *Nevertheless, Islamic Faskh is also unequal towards the woman, since even in the above mentioned special cases, Islam still compels her to wait for several years to get her freedom '''and she bears the burden in all these cases with no consideration from the Islamic court of her wellbeing.''' | ||
As a case of study, the [https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 'Dissolution of Muslim Marriages Act, 1939'] may be studied for its relationship to these laws. This was a law which was compiled by Muslims Scholars of Indian subcontinent, and later became the official law of Pakistan and Bangladesh, and Personal for Muslim in India. | As a case of study, the [https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939 'Dissolution of Muslim Marriages Act, 1939'] may be studied for its relationship to these laws. This was a law which was compiled by Muslims Scholars of Indian subcontinent, and later became the official law of Pakistan and Bangladesh, and Personal for Muslim in India. | ||
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*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 call for marital obligation etc. | ||
==Women 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== | ||
Right after the independence of Pakistan from the United Kingdom in 1947, women's struggle started against the Khul' and Faskh rulings in Pakistan. The Supreme Court of Pakistan sided with the rights of women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan gained independence and became Bangladesh, they then followed that modification Khul' as had been ruled by the Supreme Court of Pakistan. | Right after the independence of Pakistan from the United Kingdom in 1947, women's struggle started against the Khul' and Faskh rulings in Pakistan. The Supreme Court of Pakistan sided with the rights of women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan gained independence and became Bangladesh, they then followed that modification Khul' as had been ruled by the Supreme Court of Pakistan. | ||
Also during this period the women's rights struggle succeeded in reducing the time period in the Faskh rulings in favor of women. | Also during this period the women's rights struggle succeeded in reducing the time period in the Faskh rulings in favor of women. | ||
Despite these gains, the issue later became a cause of conflict between the Supreme Court of Pakistan, and the Islamic scholars, with the later considering this new Khul' law against the [[Qur'an]]<nowiki/>and [[Sunnah]]. | Despite these gains, the issue later became a cause of conflict between the Supreme Court of Pakistan, and the Islamic scholars, with the later considering this new Khul' law against the [[Qur'an]]<nowiki/>and [[Sunnah]]. | ||
For details, please read these Study 1<ref>Judicial Law-Making: An Analysis of Case Law on Khul‘ in [https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf Pakistan]</ref> and Study 2<ref>Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of]</ref>. The abstract from study 2 is as under: | For details, please read these Study 1<ref>Judicial Law-Making: An Analysis of Case Law on Khul‘ in [https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf Pakistan]</ref> and Study 2<ref>Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of]</ref>. The abstract from study 2 is as under: | ||