The Nature of Khul‘ in Classical Islamic Law and the Legal System of Pakistan: A Critical Analysis

Abstract

The basic motive of the marriage contract in Islamic Law is the establishment of a perfect and happy life of the couple that pivots on mutual love and respect. If the married couple could not pursue this relationship due to some unavoidable reasons, then it becomes necessary to open the door of separation that is the most hated among the permissible things to Allah Almighty. There are several types of separations, one of them is Khul‘. This paper aims to discuss the concept of Khul‘ with specific reference to Islamic Law. The current study elaborates how Islam considers Khul‘ as a right specified to woman since the unilateral and extra-judicial divorce could only be initiated by the husband in form of ║al┐q as determined by Shar┘‘ah. Islamic Law also enacts extra judicial divorce by mutual consent of the spouses in the form of Mubara’ah and Khul‘. This paper mainly focuses on the Nature of Khul‘ , either ║al┐q or Faskh according to the approaches of the Muslim Jurists and Pakistani Superior Judiciary.