Forum Replies Created
-
Posts
-
FThen I think then the only way to fix this is to question those clerics and ministers who sit at AIMPLB.
AIMPLB handles all cases related to muslim civil laws which includes divorce
F> That she can obviously go to court to get khula, and she does not need the husband’s consent.Again my friend you are missing a big point here. To get Khula without husband consent is not that simple.
You see in 2021 to get Khula without husband consent that Kerela lady had to drag up the case to Kerela High court [ Check the link in my previous comment]. High court for a plain simple old fashioned divorce ???
Have you ever been to courts ? You need a good lawyer and tons of money to drag a case till the High court. I don’t think this girl or her family has that kind of money or connections
Usually a normal divorce in any other civil law or marriage act finishes up in the local city Civil court.
FWe are not here to debate on Hadith and how different muslim clerics interpret it. Give her the facts that can help her . And the facts are :The situation where a husband refuses to agree to khula poses significant challenges for Muslim women seeking divorce.
If a husband does not agree to khula, the wife can:
– Seek help from an Islamic court or a qualified scholar
– Initiate divorce proceedings in a court
– Take her case to a sharai punchayat or Darul QazaKhula has its own complexities especially when husband does not agree to it
Reference :
Another one :
FSo I did some digging and this is what I found. Ways using which a muslim woman can divorce her husband if marriage was registered under muslim personal law1. Talaq-e-Tafweez – If husband delegated right of divorce to wife in the marriage contract (nikahnama).
Ask your sister if in the Nikahnama , she was given right to initiate divorce by her husband. If yes, she can
2. Khula – Wife seeks divorce by returning dower (mahr) or giving compensation; needs husband’s consent.
Khula can only be given under husband’s consent. So in your case I don’t think it will work
3. Lian – If husband falsely accuses her of adultery, she can seek divorce.
Now this is complicated. I don’t know if it will work in your sister’case
The only option i guess you have is Faskh. But you need good lawyers for that.
4. Faskh – Judicial annulment via court due to cruelty, impotence, desertion (4+ years), failure to provide maintenance (2+ years), or serious illness.
Details about Faskh
https://indiankanoon.org/search/?formInput=faskh
