Shariat Court declared khula an absolute and unique right of women

Shariat Court held the right of khula to women
woman’s right of khula cannot be denied by the court of law

The judgment noted that it is the fundamental right of a woman according to the injunctions of Islam as laid down in the Holy Quran and Sunnah to claim a decree for dissolution of marriage from the court of law, which cannot be denied.

The ruling highlighted that it was sufficient for a wife to state that she dislikes her husband to the extent that she cannot live with him as his wife within the limits prescribed by Allah for the court to proceed upon her demand.

Furthermore,to seek a decree of dissolution of marriage on the basis of Khula from the court of law, levelling of any allegation of maltreatment or mistreatment and misbehaviour is not at all necessary.

The Federal Shariat Court (FSC) has held that the right of khula granted to women by the Holy Quran and Sunnah is an absolute and unique right, whereby a marriage can be dissolved through a court at her will.

The FSC, headed by Chief Justice Iqbal Hameed ur Rehman, presided over two legal inquiries. One, determining if the right of khula is an unconditional entitlement for women in Islam and identifying the necessary prerequisites for obtaining it.

Two, establishing if a judge can grant khula upon the request of a wife when her husband refuses to grant it to her.

Justice Dr Syed Muhammad Anwer ruled that a wife can get this right by showing her willingness to return the mehar (dower) to her husband and in addition by simply stating in a court of law that she can no longer live with her husband as his wife “within the prescribed limits set by the Almighty Allah as a reason for dissolution of marriage”.

This right of women cannot be denied by the court of law, the order read.