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advtanmoy
Keymaster

Quran conferred a Muslim wife with right of ‘khula’ to annul the marriage without prescribing a procedure which indicates to mean that fairness

The wife’s right to Khula is parallel to the man’s right of talaq. Like the latter the former too is unconditional. It is indeed a mockery of the Shariat that we regard khula as something depending either on the consent of the husband or on the verdict of the kazi. The law of Islam is not responsible for the way Muslim women are being denied their right in this respect.” – Abul Ala Maududi, Huqooq-uz- Zaujain, 9 th ed, Lahore, 1964 [translated by me from Urdu].

 Quran conferred a Muslim wife with right of ‘khula’ to annul the marriage without prescribing a procedure which indicates to mean that fairness is a matter relative consideration in a context to be followed in such course opted by a wife. As adverted earlier, when the Prophet was approached by a wife to invoke khula, he advised the wife to return the dower and garden only to be considered as a part of equity and fairness. It cannot be treated as a pre-condition to validate khula. When substantial provisions in  unequivocal terms confer a right on a Muslim wife, procedural equity to be followed cannot override such substantial right. Insistence to return dower or payment of compensation, therefore, are to be understood as husband is legitimately entitled to claim back what is otherwise due to him on account of unilateral invocation of khula by wife.