Question
The court in Karachi has issued a decree of khula. The judge ordered in his decree that he has 'dissolved' the marriage with 'khula'. Is this decree valid in the Shariah?
Answer
A secular court cannot dissolve a Nikah. Furthermore, khulah is an agreement between the husband and wife. It cannot be imposed on any of the parties by even a valid Islamic court. The Family Judge of Karachi is ignorant of the Shariah.
The couple should refer their matter to the Ulama in Karachi. The court's decision is baatil.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 01
- PDF page
- 7
Appears under MAKTAB SYLLABI (approximate).