Quote:
Originally Posted by Afshan Choudary
Is khula an absolute right of woman or it is subject to some conditions?how can she use this right and what are legel effects of khula?
plz help me how to answer the question
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Khul` is an out of the court settlement
1. In Islamic law, khul` is a compromise between the husband and the wife whereby the wife relinquishes some of her rights and, in consideration thereof, the husband pronounces divorce. As it is a contract that has to be concluded by the parties between themselves, a cause of action cannot arise till the parties enter into an agreement. The judge merely confirms the contract and pronounces divorce. Thus, it is an out-of-the-court settlement.
2. If the husband does not pronounce divorce - or any other word or statement signifying divorce - the court cannot dissolve the marriage contract. Hence, even after the court had decreed that the marriage was dissolved, it remained intact. As a result, the lady continues to be the wife of that person and she cannot marry another person.
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