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Khula is a form of divorce under the Mohammedans law. This separation by
mutual agreement which takes effect at once. A Mohammedans wife cannot
maintain a suit to compel her husband to give her a khula. “If a Muslim
husband confers power of dissolving the marriage on the wife in exchange of
money or property, it is called Khoola or mubarat” ….. [Abdur Rahman on
Muhammadan Jurisprudence, p. 338]
“Khula” means the dissolution of the marriage bond, at the instance of
the wife and upon her offer to make compensation (financial or otherwise)
in return for a release from the marriage [in terms of an agreement between
the spouses according to Islamic Law]. ….. [Recently recommended by
Al-Azhar]
The wife is entitled to the dissolution of marriage on the restoration of
what she received in consideration of marriage if the judge apprehends that
the parties will not observe the limits of God. ….. [Siddiq vs. Shafran
(1968) 20 DLR (WP) 117]
Khula form of divorce can now be obtained through Court – Woman now
enjoys higher social right with the change of time. ‘Ijtehad’ the
principle underlying this should be extended. ….. [Hasina Ahmed vs. Syed
Abul Fazal. (1980) 32 DLR 294]
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