Pre-Islamic usage did not recognize the right of the wives to
claim dissolution of the marriage on any ground whatsoever; it is the Quran
that allowed them this privilege. Khula means to lay down. In law it means
lying down by a husband of his right and authority over his wife. It is a
divorce which is virtually purchased by the wife from the husband for a price.
Khula is a right of wife and she is entitled to dissolution
of marriage on restoration of what she had received from husband is
consideration of marriage (dower). When Khula has been entered for dower, if
the women had been enjoying and had obtained possession of it, husband can
reclaim it from her.[1]
Khula, in its primitive sense means to draw off or dig up. In
law it signifies an agreement entered into the purpose of dissolving a
connubial connection, in lieu of a compensation paid by the wife to husband out
of her property.[2]
According to Baillie: Khula is the remission or laying down
by a husband of his right and authority over his wife for an exchange or take
effect on her acceptance by means of the word Khula and it is also validly
effected by words of sale and purchase. Its condition is that of talaq or
repudiation and its effect is one irrecoverable repudiation.[3]
It has been aptly defined by their Lordship of the Judicial
Committee that 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 the release from the marriage tie.
No comments:
Post a Comment