Khula Divorce: It is known that tennis star Sania Mirza got divorced from Pakistani cricketer Shoaib Malik a few days ago. But here it is known that Sania Mirza has asked for a divorce from her husband. But now the debate on this method of divorce in Islamic law has started once again. It is remarkable that the news of increasing cases of women opting for Khula in Hyderabad has come to light in recent times. This topic has become a topic of discussion.
'Khula' is the process by which a Muslim woman divorces her husband. The woman has the right to take this decision. However, for this the woman has to withdraw the 'mehr' (money) given by her husband at the time of marriage and the financial support she receives later. Although official figures are not available, many say that the practice of Khula is on the rise in the urban Muslim community, both among the rich and the poor. A survey conducted by an organization with Qazis and social workers revealed that at least 20 to 25 Khula cases are reported every month. But this number is said to be very low at present.
Why are you resorting to 'Khula'?
There are many reasons behind the rise in 'khula' cases. Some believe the number has increased since talaq-e-biddat (dissolving a marriage by pronouncing triple talaq) was made illegal in 2019. It is said that some Muslim men are leaving their homes to avoid the legal process, thus Muslim women are opting for the Khula route. However, only the woman is considered in the Khula decision. But the Muslim elders say that this right came to her through the Quran.
Is the husband's permission necessary?
It is said that a Muslim woman in India needs her husband's permission to take Khula. But it is known that this situation does not exist in other countries. Khula decision is a woman's independent decision. Social or family pressure is also being discussed. More discussion and research is needed on this. The Khula process in India is known to be a bit more complicated. Here it can take years, even decades in some cases. As a result, women have to wait for a long time to get a divorce.
What are Muslim women saying?
A Muslim woman had to wait for almost six years to get a divorce from her non-Muslim husband, said a female lawyer. The woman decided to separate after finding out that her husband was having an affair with another woman. But every time she went to the Maulvi he was turned away. It is suggested to take the consent of the husband. She had to wait as her husband did not agree to the divorce. Also had to compromise. Finally, she gave in as her husband decided to live with another woman. With this, the woman also chose the Khula path. Almost all Muslim women say that these are the reasons for choosing Khula.
Can't bear domestic violence..
A Muslim woman could not bear domestic violence and chose the path of Khula. But she remembers how Qazi called her husband to confirm his consent. Only after the husband agreed, the two were brought together. Also, a Muslim woman still fights for Khula in the old city of Hyderabad. After 25 years of marriage, she decided that she could not bear her husband's infidelity anymore.
What are the Qazis saying?
Social activists claim that wife's waiting for husband's consent in case of divorce is a 'violation of women's rights'. However, Qazi had a different opinion on this matter. Qazis say that they will consult the woman's husband in the case of Khula. He said that counseling will be given to both of them to live together and they are suggesting to reach a compromise. When the problem is not resolved, they say they will go ahead with the Khula route. But the husband's permission is not denied. Some Qazis say that Khula is increasing due to changes in lifestyle and family interventions. He said that currently only 7% to 8% of marriages in the Muslim community end in the Khula way. But Muslim women say that getting Khula is not complicated and it is a normal process. It is said that a divorced woman can remarry later.
What is this.. Faskh-e-Niqa ?
This is another way to dissolve a marriage in Islamic law. It is used when the husband is 'unavailable' to his wife for divorce or khula. In the case of Faskh, the woman can go to court and request annulment of the Nikah. This will grant her divorce without any difficulty. But Muslim elders say there are two reasons why many do not choose Faskh. Muslim families are often reluctant to go the legal route. The second is the lack of awareness among the people about this provision.
– Ajay Yadav
