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 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>.


Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men:
Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men:
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