خلع میں شوہر کی رضا مندی و عدمِ رضا مندی۔ یک طر فہ فیصلے کی شر عی حیثیت

Khula with or without Husband's Consent and Ex-party Judiciary Decision as per Shariah

Abstract

This research paper will discuss the position of khula in case of without husband's consent or with husband's consent. All jurists and scholars unanimously said that khula is purely a transaction between husband and wife and which entirely depends upon them. Neither party is to compel to another party to implement khula. There should and must be basically hatred or aversion on the part of one or both of the parties pertaining to a strong wish to annul the marriage contract or any other feeling to produce such an effect. The present study is aimed to focus exceptional position of women in Islamic jurisprudence in order to formulate certain conditions of khula and its implementations. Conditions have been made clear in Islamic jurisprudence. In case of without consent of husband, the jurists have difference of opinion. If husband is not ready to give his consent, judiciary can give unilateral decision without his consent