Women can't ask for divorce without husband's consent, rules CII
ISLAMABAD (Web Desk) - The Council of Islamic Ideology (CII) has declared ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage, is un-Islamic.
According to The Express Tribune, the powerful religious body observed on Thursday that courts were dissolving nikkahs in the name of ‘Khula’, which was not correct since only the husband had the right to grant ‘Khula’ after which courts could dissolve marriage contracts.
Urging civil courts to differentiate between ‘Khula’ and a unilateral dissolution of marriage through a court order, the CII said several women who had dissolved their marriages using ‘Khula’ were still not certain if their marriage had actually been dissolved.
A civil court decreeing dissolution of marriage on a wife’s plea without her husband’s consent, under the name of Khula, would be in violation of the Holy Quran and Sunnah, the council observed.
The council also observed that denying a husband the right to appeal against such a ‘unilateral’ court decision would also be unjust as per Islamic law.
According to a majority of ulemas, a wife has to forfeit her financial rights when ‘Khula’ is used to dissolve a marriage. However, the two can reach an agreement outside the law if a mutual understanding is established.
As per the Dissolution of Muslim Marriage Act passed in 1939, “Judicial khula is allowed to be authorised without the husband’s consent if the wife has agreed to forfeit her financial rights.
Marriage is not considered a sacrament among Muslims but rather a civil contract with spiritual and moral undertones.”
- Coronavirus cases soar above 6 million worldwide11:28 PM | 30 May, 2020
- Latest pics of Nawaz Sharif, having coffee in London, take Twitter by ...09:57 PM | 30 May, 2020
- Pakistan makes face masks mandatory amid record daily deaths from ...09:07 PM | 30 May, 2020
- PAF officer, who died in PIA plane crash, laid to rest in Karachi08:19 PM | 30 May, 2020
- First Covid-19 death reported among KP nurses07:20 PM | 30 May, 2020
- Zaira Wasim deactivates social media accounts over trolling03:41 PM | 30 May, 2020
- Kylie Jenner is not a billionaire, says Forbes03:09 PM | 30 May, 2020
- Grammy-winning artists from 7 countries collaborate for a Pakistani ...05:16 PM | 29 May, 2020
- When Is Eid Al Fitr 2020? ... So The Curiosity Begins!06:42 PM | 12 May, 2020
- Top five health benefits of eating watermelon04:08 PM | 7 May, 2020
- How to lose weight during Ramadan Kareem03:18 PM | 28 Apr, 2020
- Ramadan 2020: Keep yourself healthy with these 5 nutritional tips12:49 PM | 23 Apr, 2020