Quote:
Originally Posted by sadafnoorelahi
khula is definately an absolute right.
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well, it depends on what is your idea of an "absolute right".
khula is a process which includes:
1. demand for divorce from the husband
2. fixation of a consideration
3. pronouncement of divorce by the husband.
if you mean by absolute right, that can a woman seek divorce and show willingness for payment of consideration? yes, it is her absolute right.
but, if you mean by absolute right that even husband will be bound by her demand to pronounce divorce, i am afraid that is not the case. that is why arbitrators and even courts get involved in the case, and they then ask the husband for his choice. if it was an absolute right and divorce was supposed to be pronounced in every case, why is husband's willingness essential?
moreover, when case of khul' at the end comes down to pronouncement of divorce, it is an exclusive right of the husband to pronounce it and the right does not lie with anyone else, including the judge. the prophet peace be on him states الطلاق لمن اخذ بالساق, right of divorce is the right of who consummated the marriage, hence, everyone including the judges and arbitrators are out.
it is also important to note that if demand by wife is made, and the issue is settled between the spouses, that is case of mubarah and not of khul'.