Khul‘(Redemption) in Islamic Law and Its Practice in Pakistani Courts, A Legal Critical Analysis

Abstract

Khul‘ is the proposal given to the husband by the wife for divorce. Divorce is the absolute right of the husband and no one other than the husband can use that right. Like divorce consent of the husband is necessary in khul‘. In Pakistani courts this right is used by the judge which is against the opinion of majority of Islamic Jurists and also violates the absolute right of husband to pronounce talaq (divorce). Judicial Khul‘ is exercised in Pakistani courts, according to Article 2(ix) of dissolution of Muslims Marriages Act 1939. Khul‘ is considered talaq(divorce) and according to majority of Islamic Jurists (Jamhor) the husband has only two more options of divorce for constituting talaq mualaz. But in Pakistani courts it is not considered as talaq, which is contrary to the opinion of majority jurists (Jamhor) and there is need for the reformation. In this research detailed discussion is undergone to point out draw back in Article 2(ix) of dissolution Muslims marriages Act 1939 and recommendations are proposed for the amendments of this Act.

DOI: 10.5901/mjss.2014.v5n3p290