What are the grounds to go for Khula ?

I dont have marriage certificate with me, no marriage certificate was issued by normal Molvi, after performing the nikah. We married by our own consent, non of our parents know about this. It will be 3 years in this June. He has pronounced 2 talaqs already. Now he is asking me to take khula instead of pronouncing 3rd one. As i dont have marriage Certificate, i cant go for khula. What shall i do?

Answers (2)

211 votes

If you want to give khula to your husband and if your husband is also willing to leave you then you can approach a Khazi and you can go for khula. You don't require any marriage certificate for it. You can also approach the Honourable Court and get divorce from your husband.

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272 votes

Khula is the right of a woman in Islam to seek a divorce or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim woman may petition a Qazi to grant her divorce - over ruling the husbands refusal. This authority of the Qazi is subject to certain criteria which differ amongst the jurisprudential schools (fiqh), and subsequent to attempting reconciliation between the parties, failing which further arbitration to seek an amicable solution and voluntary proclamation of triple talaq by the husband.
Ultimately the Qazi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the Qazi usually encourages) unless the woman's action or behavior has been such not to warrant it.
After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years, the children have the right to live with the father or the mother, as they decide. There is differences between scholars in regards to the number of years a husband is obliged to provide for the welfare of the children of the marriage, and who is to reside with whom.
A woman seeks a khula while a man gives a talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months. The iddah period also allows for reconciliation between the husband and wife. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.
There are differing opinions regarding the iddah (waiting period) for a woman after the khula has been granted, the support of a one month waiting period is taken from the following hadith and Qur'anic verses.
".. When Rabia bint Masood obtained Khula from Thabit, the prophet asked her to wait until one menstrual cycle before she could go to her home". (An-Nissai, Abu Daud, Tirmidhi)
"...And for that who are pregnant (whether they are divorced or their husbands are dead), their iddah (prescribed period) is until they deliver (their burdens)..." (Qur'an 65:4)
Also the mahr does not have to be surrendered in full if the husband does not request the entire amount. The basic principle concerning this is the following verse from the Qur'an (interpretation of the meaning) stating:
"..Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness. And it is not lawful for you that ye take (back from wives) aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah (to deal with each other fairly), in that case it is no sin for either of them if the woman ransom herself (by returning what the husband provided). These are the limits (imposed by) Allah. Transgress them not.
II Option is through Court:
Under Section 2. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

[ (iia) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;]

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of [ eighteen years], repudiated the marriage before attaining the age of [ nineteen years]:

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,-

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix) on any other ground which is recognized as valid for the dissolution of marriage under Muslim law:
Provided that-

(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

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