Question
Khula Case Hadiqa Maqsood against Anas Chohan My name is Anas Chohan. I am a resident of Gazdarabad Karachi. I belong to Muslim Marwari Silawat Jamat. My wife Hadiqa bint Maqsood also belongs to our community and my wife is also a resident of Gazdarabad Karachi. After two and a half years of marriage, my wife Hadiqa took a Khula Decree from the City Court Karachi on 25 August 2023, without my consent. I (Anas Chohan) appeared in court. Answered all the allegations made by my wife (Hadiqa). The judge, while issuing a Decree of Khula, ordered that the girl returns the dowry of Rs 10,000. Despite the judge's decision, I neither took back the right of dowry nor accepted my wife's demand for Khula, nor did I demand the return of the right of dowry from my wife because I am not satisfied with the Khula. Also, I have not signed any Khula or Divorce Paper or Decree. I was also present in the Court on the decision day of the Khula Case i.e. 25th August 2023 and I flatly refused to give Khula. Now, my question is whether the decision of the judge alone has caused the Khula or not? Is my wife still in my marriage? Or has our marriage been annulled acbraced Islam. Her husband remained kaafir. When can a Muslim man marry her? cording to Sharia?
Answer
1) The judge in the Karachi City Court is a jaahil. The „khula‟ decree granted by the court is not valid according to the Shariah. Your Nikah remains valid.
Khula is a mutual agreement between husband and wife to dissolve the marriage with Talaaq. In lieu of the Talaaq thus arranged, the wife pays the husband an agreed sum which should not exceed the Mahr amount. On payment of the amount agreed and on acceptance by the husband, the Nikah is dissolved. Khula cannot be enforced by any party. A court even a valid Islamic court cannot impose khula on any of the parties. A valid Islamic court, after following the due process of the Shariah, can issue a decree of Faskh (Annulment), but not Khula. Since the Karachi court is not a valid Shariah Court, it cannot issue a Talaaq decree.
2) Your Nikah is valid. The court‟s „khula‟ decree is nonsensical and it has no validity in the Shariah. Your wife cannot marry any other man as long as you do not issue Talaaq or if a properly instituted Islamic Committee does not issue a Faskh decree after having adopted the due process of the Shariah.
A. He may marry her after the Iddat of three haidhs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 03
- PDF page
- 4
Verbatim verified against the source PDF
Appears under INVALID AKHULA. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.