خلع میں قاضی اور حَکم کے اختیارات سے متعلق فقہاء کی آراء کا علمی و تحقیقی جائزہ

A Scholarly and Analytical Review of the Opinions of Jurists Regarding the Authority of the Judge and Arbitrator in Khula

Abstract

Islam is a balanced and moderate religion that teaches moderation in every aspect of life, a characteristic also evident in its family laws. Islam emphasizes maintaining the marital bond, but if differences between the spouses become so severe that continuing the relationship is no longer feasible, Islam ensures the rights of both parties. In such a situation, if the wife fails to fulfill her obligations, the husband is granted the right to divorce. Conversely, if issues arise from the husband's side, the wife is given the right to seek "khula". Religious scholars state that marriage is a contract and, therefore, its matters should be resolved through mutual consent. If a woman seeks "khula" but the husband is unwilling, the question arises whether a court can decree "khula" in the absence of the husband's consent. This article examines the judge's authority and jurisdiction in the matter of "khula".