[QUOTE=Afshan Choudary;544505][B]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?[/B]

plz help me how to answer the question[/QUOTE]



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.

for a detailed fatwa, visit our website.

khula is definately an absolute right. even if the woman lacks the grounds for seeking khula i.e cruelty,impotence,imprisonment,desertion,failure to maintain, lunancy etc, she can seek khula by filing a petition in the court.

[B][SIZE="3"]"however, it must be remembered that jurisprudence is developed in such a way that bow wife does not have to rely upon these grounds and only thing she has to establish is profound hatred and courts release her from marriage tie"[/SIZE][/B]

page 305,muslim law and jurisprudence by aatir rizvi( jahangir success series)

[QUOTE=sadafnoorelahi;673774]khula is definately an absolute right. [/QUOTE]

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'.

Q 3. What is the meaning of Islamic Jurisprudence? Compare it with that
of Western or Secular Jurisprudence.

kindly help with this question

[QUOTE=sadafnoorelahi;679580]Q 3. What is the meaning of Islamic Jurisprudence? Compare it with that
of Western or Secular Jurisprudence.

kindly help with this question[/QUOTE]

Islamic jurisprudence, also called Usul al-Fiqh, is the queen of Islamic sciences. It has been developed, refined, and applied for the derivation of the law by some of the greatest Muslim minds, through-out the ages. The discipline of Islamic jurisprudence covers three things:
• The formal structure of Islamic law.
• The sources of Islamic law.
• The analysis of legal concepts.
These meanings may be explained briefly as follows:
1. The Formal Structure of Islamic Law: The formal structure of Islamic law is studied by the Muslim jurists under the title “the hukm shar‘i,” which is translated as “the legal rule of shari‘ah.”
This study of the conceptual structure of Islamic law attempts to answer the following questions:
a. What is the meaning of Islamic law?
b. What is the nature of rules in this legal system?
c. How many kinds of rules are there and how do they unite with each other to give rise to the Islamic legal system?
d. What is legal capacity and how does it interact with the operation of the rules?
e. What kinds of rights underlie the various kinds of rules?
f. How are these rights secured through the legal framework and machinery of Islamic law?

2. The Sources of Islamic Law: Islamic law is derived from its sources. The primary sources are those that are unanimously accepted by all the schools and all the jurists as the fundamental sources of Islamic law. In addition to these there are the secondary sources of Islamic law, which are not unanimously accepted by all schools or all the jurists.
3. The Analysis of Legal Concepts: Islamic jurisprudence under-takes the analysis of legal concepts like: legal capacity, rights, persons, liability and so on. It is through these concepts that the rules of law are understood, applied and developed.

what about secular or western jurisprudence?

IS THE MEANING OF ISLAMIC JURISPRUDENCE SIMILAR TO THAT OF WESTERN JURISPRUDENCE?
IN MANY WAYS THEY ARE SIMILAR IN STRUCTURE
Western jurisprudence also deals with the same three things:
- the formal structure of the law,
- the sources of law and
- the legal concepts.
Thus, when we look at Salmond’s book, we find that it has three parts that deal with the subject in exactly the same way. It deals with the general structure and classification of laws; the sources of law (legislation, precedent and custom) and then with legal concepts (like rights, persons, ownership, property, obligations, liability and so on).

THERE IS A SLIGHT DIFFERENCE
The difference lies in the number of legal concepts discussed. Usul al-Fiqh discusses rights, persons (legal capacity), and liability. It does not include the discussion of concepts like property, ownership, obligations, titles, evidence and procedure. In his well known book on jurisprudence, Sir Abdur Rahim added these topics to traditional system. This was a good attempt and there is no reason why these concepts cannot be discussed in usul al-Fiqh. The additional concepts are available in the books of Fiqh or the law. It is for this reason that Abdur Rahim writes in the preface to his book “The Principles of Muhammadan Jurisprudence: According to the Hanafi, Maliki, Shafi‘i and Hanbali Schools”:
In writing the remaining chapters I have not had the same invaluable help of these eminent jurists [of Usul}, who did not think fit to pursue their investigations beyond the limits of the topics dealt with in Chapters II to V. In Chapters VI to XII, I have endeavoured to explain the fundamental theories and legal ideas on which the different departments of the Muhammadan system are based and to set forth the important principles which impart to the Muhammadan legal code, under its several heads, its peculiar features. These theories and principles are to be found interspersed in such authoritative works on Muhammadan law as the “Hedaya,” the “Sharhu ’l-Viqaya” and others.

[QUOTE=sadafnoorelahi;682191]what about secular or western jurisprudence?[/QUOTE]
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