KHULA WITHOUT HUSBAND'S CONSENT: A CRITICAL ANALYSIS OF PAKISTANI LAW IN THE LIGHT OF ISLAMIC JURISPRUDENCE

Abstract

Marriage is a very important part of a Muslim’s life. Islam clearly teaches us how to enter into the marriage contract and how to dissolve this sacrosanct. In this article the basic purpose is to find out that when the wife wishes to dissolve the marriage contract through court by way of Khula without the consent of husband, is that khula valid or void according to Islamic law? We will answer this question by referring to Quranic Verses and traditions of Holy Prophet (S.A.W.S) along with the view of Aima arba’a/4 schools of thought and other jurists as well.This research is aimed to solve the problem that has gained significant attention, in recent times, in Courts of Pakistan. But our Courts themselves conducted Judicial ijtihad and misinterpreted various verses of Quran and Traditions of Holy Prophet (S.A.W.S).  This misinterpretation has caused significant problems and is destroying our family system. Although this misinterpretation is due to lack of legislation in this regard. This article will prove that the consent of the husband is necessary for khula according to Quran, Hadith, traditions of caliphs and different schools of thought . We will also analyse PLD 1967 SC 97 and Haji Saif Ur Rehman v. Government of Pakistan (Shariat Petition No 16/I of 2022) along with some other case laws and will give suggestions for islamization of current methodology of khula enforced in Pakistani Courts along with the necessary legislation needed in this regard.