Write a short note on Khula.
Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on Khula.]
Question: Write a short note on Khula.Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on Khula.]AnswerAccording to Baillie, "Khula means to put off, as a man is said to khula his garment when he puts it off. In law, it is the laying down by a husband of his right and authority over his wife for an exchange."When the divorce proceeds from the husband, it is called talaq; when it is effected by mutual consent, it is called khula or Mubarat according to...
Question: Write a short note on Khula.
Find the question and answer of Muslim Law only on Legal Bites. [Write a short note on Khula.]
Answer
According to Baillie, "Khula means to put off, as a man is said to khula his garment when he puts it off. In law, it is the laying down by a husband of his right and authority over his wife for an exchange."
When the divorce proceeds from the husband, it is called talaq; when it is effected by mutual consent, it is called khula or Mubarat according to the terms of the contract between the parties.
Khula is another way of ending a Muslim marriage which is a form of divorce with the consent and the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. In this form relieving the husband from payment of mahr to the wife may be a consideration.
Khula has been aptly defined by the lordships of the Judicial Committee in Moonshee-Buzlu-ul-Raheem v. Lateefutoonissa, 8 MIA 395, 399. A divorce by khula is a divorce with the consent, and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie. It signifies an arrangement entered into for the purpose of dissolving a connubial connection in lieu of compensation paid by the wife to her husband out of her property. Khula, in fact, is thus a right of divorce purchased by the wife from her husband.
In such a case the terms of the bargain are matters of arrangement between the husband and wife, and the wife may, as the consideration, release her mahr (dower) and other rights, or make any other agreement for the benefit of the husband.
Failure on the part of the wife to pay the consideration for the divorce does not invalidate the divorce, though the husband may sue the wife for it. A khula divorce is effected by an offer from the wife to compensate the husband if he releases her from her marital rights, and acceptance by the husband of the offer. Once the offer is accepted, it operates as a single irrevocable divorce (talaq-i-bain), and its operation is not postponed until the execution of the khulanama (deed of khula).