Khula Procedure in Pakistan

  Introduction In  Khula Procedure in Pakistan    the Federal Shariat Court (FSC) plays a crucial role in ensuring that laws conform to Islamic principles . One of the significant areas where the FSC has influenced legal interpretation is in cases related to Khula —the Islamic right of a woman to seek a judicial divorce. Over the years, the FSC has delivered landmark judgments clarifying the conditions, procedures, and legal status of Khula , ensuring that women’s rights under Islamic and constitutional law are upheld. This article explores the jurisdiction, authority, and key decisions of the Federal Shariat Court in Khula cases , examining how it ensures justice while aligning legal practices with Islamic injunctions . 1. Understanding Khula in Islamic and Pakistani Law A. Meaning and Concept of Khula Khula is the Islamic right of a woman to seek divorce from her husband if she cannot continue the marriage. It is based on the Quranic injunction : "If you fear ...

 Introduction Khula Procedure in Pakistan  is a legal right granted to Muslim women in Pakistan that allows them to seek a dissolution of marriage if they find it impossible to live with their husband within the limits set by Islam. The legal framework governing Khula in Pakistan is primarily derived from Islamic jurisprudence and the Family Laws Ordinance. One of the key issues in Khula cases is whether the wife is required to return the dower (Mehr) to the husband. This essay explores the legal, religious, and judicial perspectives on the return of Mehr when seeking Khula in Pakistan. Understanding Khula Khula is a form of divorce initiated by the wife, whereby she relinquishes certain financial rights to obtain a separation from her husband. This differs from Talaq, which is the right of the husband to unilaterally dissolve the marriage. The concept of Khula is supported by Islamic principles, particularly in Surah Al-Baqarah (2:229), which allows for the dissolution of mar...