Table of Contents
Central khula Pakistani law:
If you wish to know the central khula Pakistani law or get divorce certificate in Pakistan, you may contact Jamila Law Associates. The central and decisive role of the husband in the enactment of khula is clear from this discussion as well. Therefore, according to Ḥanafī jurists, the khula Pakistani law or get divorce certificate in Pakistan will not take place if the husband does not agree to it, and even the court cannot force the husband to accept the offer of compensation made by the wife.
Alā al-Dīn al-Kāsānī states:
‘Alā al-Dīn al-Kāsānī states that if khula is adjudicated by a person not related to the couple’s families, it is permissible for him to ask the woman to pay consideration to her husband equal to mahr. If he orders her to pay more than the dower, khula will not take place without the agreement of the wife because this undermines her rights (ibṭāl ḥaqq al-mar’a).
Likewise, if he orders her to pay less than the mahr amount, then the divorce shall not take place until the husband agrees to this settlement, as it undermines his right (ibṭāl ḥaqq al-zawj). In other words, according to al-Kāsānī, who is known as Mālik al-‘Ulamā’ among Ḥanafī scholars, the consent of the husband is equally necessary when the compensation ordered is less than the mahr amount. In short, khula Pakistani law or get divorce certificate in Pakistan is like a divorce where the husband has the unilateral right to pronounce it.
Divorce Certificate in Pakistan:
Arabi on khula Pakistani law or get divorce certificate in Pakistan concludes on the basis of the above views of Ḥanafī scholars that the school’s common understanding of khula in terms of the Qur’ānic notion of ransoming and mutual exchange is that it has a requirement of a husband’s consent as the sine qua noncondition for the separation to have legal effect. Khula in Shāfi‘ī Jurisprudence Abū Isḥāq al-Shīrāzī (d. /), an authority in Shāfi‘ī fiqh, has elaborated the position of the school in simple words. He states that if a woman dislikes her husband due to his ugly appearance or poor living conditions and she fears that in this situation she will not be able to fulfill her obligations towards him, it is permitted for her to seek khula against financial consideration on khula Pakistani law or get divorce certificate in Pakistan.
Islamic View:
He explains that this position is directly based on the Qur’ānic verse, “If you do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom” and the ḥadīth mentioned above He further points out that if both spouses agree to it, then khula is also permissible even if she does not dislike him.
Reasons of Khula:
In other words, khula is allowed without any reason. However, if harm has been inflicted upon her, or her husband harms her so that she will pay him money, it is not permissible for him to receive any compensation for khula at all in khula Pakistani law or get divorce certificate in Pakistan.
