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Khula: Difference between revisions
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*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 Court operating on traditional [[Shari'ah (Islamic Law)]] could compel the husband to divorce her if he doesn't want to divorce her. | *No Islamic Court operating on traditional [[Shari'ah (Islamic Law)]] could compel the husband to divorce her if he doesn't want to divorce her (except in a very few special circumstances). | ||
*In Khul', a woman has to offer money to her husb<nowiki/>and in exchange for the dissolution of the marriage. | *In Khul', a woman has to offer money to her husb<nowiki/>and in exchange for the dissolution of the marriage. | ||
*If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money on offer, then she must stay with him, and no traditional shari'ah court could compel him to divorce her. | *If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money on offer, then she must stay with him, and no traditional shari'ah court could compel him to divorce her. | ||
*Even if the husband is abusive, and he beats her brutally (even | *Even if the husband is abusive, and he beats her brutally (even leaving bruises on her body), she still cannot get the marriage dissolved through Khul' according to the traditional rulings of shari'ah if the husband does not agree to it. | ||
*Only in the case that her husband causes grievous injury such as breaking her bones | *Only in the case that her husband causes grievous injury such as breaking her bones does the woman get the right to go to the court in order to forcefully dissolve the marri<nowiki/>age. Yet she still has to pay the ransom money to her husband, even in the case that he broke her bones. | ||
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. | ||