خلع،فقہاء کی آراء اوراسلامی نظریاتی کونسل کی سفارشات کاتحقیقی جائزہ

RESEARCH ANALYSIS OF JURISTS’ OPINIONS AND RECOMMENDATIONS OF THE ISLAMIC IDEALOGICAL COUNCIL ABOUT KHUL’

Abstract

Khul’ is a procedure through which a woman can divorce her husband in Islam, by returning the dower (Mahr) or something else that she received from her husband, as agreed by the spouses or Qadi's (court) decree. In present Pakistani scenario, the trend of Khul’ is increasing every day. The purpose of this article is to make recommendations to reduce or control this trend and save family life. For this purpose, the opinions of Ḥanafī, Malikī, Shafi'ī, and Ḥanbalī School of thoughts and the recommendations of Islamic Ideological Council, Pakistan have been analyzed. According to Ḥanafī, Malikī, Shafi'ī, and Ḥanbalī Schaool of thoughts Khul’ establishes with the consent of husband and wife. Wife can file a suite for Faskh-e-Nikkaḥ, afterwards, the court should issue a degree of Faskh-e-Nikkaḥ considering all important judicial measures that will be in line with law and Sharia. There should be legislation in Pakistan’s family law that court may issue arrest warrant to confirm the presaence of husband in court. The study shows that present method of Khul’ is not accurate and the courts should differentiate between Khul’ and Faskh-eNikkaḥ.