If you are a woman in Pakistan who is considering filing for divorce, you may be wondering what will happen if your husband does not agree to the divorce. In Pakistan, divorce is not always simple or straightforward, and it is important to understand the process and what your options are before you proceed. Also read Khula Procedure in Pakistan

WHAT IF HUSBAND DOES NOT AGREE TO KHULA?

What If husband does not agree to Khula? The answer is simple you will have to file a petition with the court. The court will then review your case and decide whether or not to grant the divorce. If the court decides in your favor, the divorce will be granted and you will be able to move on with your life.

However, if the court denies your petition, you will not be able to divorce your husband. You may still be able to negotiate a divorce settlement with your husband, but it will be up to him whether or not he agrees to the terms. If you are unable to reach an agreement, you may have to remain married to your husband.

What is Khula?

Khula is an Islamic divorce procedure whereby the wife requests and receives a divorce from her husband through a mediator. The mediator then presents the case to a judge, who will either approve or reject the request. If approved, the wife will be divorced and free to marry another man.

Under Islamic law, there are four main ways in which a woman can obtain a divorce: khula, faskh, talaq and mubarat. Khula is the only way in which the woman herself can initiate divorce proceedings. The other three methods require either the husband’s agreement or a court order.

Khula can be defined as “the right of a woman to seek dissolution of her marriage from her husband without his consent”.

There are many reasons why a woman may seek a khula from her husband.

What are valid reasons for Getting Khula?

In Islam, there is a concept known as Khula, which allows a woman to divorce her husband. While this may seem like a woman’s right, there are actually several reasons why Khula is necessary. First, if the husband is abusive, either physically or emotionally, the wife has the right to divorce him. Second, if the husband is neglectful and does not provide for his family, the wife has the right to divorce him. Third, if the husband is unfaithful and has an affair, the wife has the right to divorce him. Fourth, If a couple simply cannot get along and there is constant fighting in the home, the wife has the right to divorce her husband.

While these are all valid reasons for Khula, it should be noted that it is not always easy to obtain a divorce through this process.

Main Reasons for Getting Khula

• If the husband is abusive, physically or verbally.
• If the husband is neglectful, either in providing for his family or in fulfilling his marital duties
• If the husband has engaged in extramarital affairs.
• If the husband is addicted to drugs or alcohol.
• If the husband has abandoned his wife and children.
• If the couple simply cannot get along and there is no hope for reconciliation
• If the wife fears for her safety or that of her children.

Reasons for husband’s disagreement: various perspectives

A husband and wife may disagree for many reasons. Some of these reasons may be due to different perspectives they have on life, while others may be more practical matters. Regardless of the reason, it is important for couples to communicate and try to understand each other’s point of view.

One common reason for husband and wife disagreement is differences in opinion. Every person has their own set of values and beliefs, which can lead to disagreements on even the smallest things. For example, one spouse may feel strongly about going out to eat while the other prefers staying home and cooking. While this may seem like a minor disagreement, it can actually lead to bigger problems down the road if not addressed.

Another common reason for disagreement is when one spouse feels like they are being taken advantage of or not appreciated.

Is khula a divorce?

Khula is a divorce that is initiated by the wife. It is a process through which the wife can obtain a divorce without the consent of her husband. Khula is not recognized by all schools of Islamic jurisprudence, but it is gaining popularity in some Muslim countries.

There are many reasons why a woman might seek a khula. Often, it is because she has been the victim of domestic violence or has been unable to obtain a divorce through the traditional legal system. In some cases, it may be because the husband has taken another wife and the first wife wants to end the marriage.

Whatever the reason, khula provides an avenue for women to obtain a divorce without the consent of their husbands. This can be beneficial for women who are trapped in abusive or unhappy marriages.

What is the difference between Divorce and Khula?

In Islam, the main difference in between divorce and Khula is that divorce is initiated by the husband, while Khula is initiated by the wife.

Divorce in Islam can be done in one of two ways: either through the husband pronouncing the divorce, or through mutual agreement between the husband and wife. Khula, on the other hand, is always initiated by the wife. In order for a woman to obtain a khula, she must first approach an arbitrator who will then mediate between her and her husband. If they are unable to come to an agreement, then she may proceed with a judicial divorce.

While both divorce and khula result in the dissolution of marriage, there are some key differences between the two. For one, only the husband can initiate a divorce, whereas a woman can initiate a khula.

Can you remarry the same person after Khula?

According to Sharia Mutahira, there are two situations after the separation of the husband and the wife that under normal circumstances, they cannot approach each other, a third divorce, when the wife and husband separate, then the approach cannot be taken under normal circumstances, and in the second case, Liaan. When husband and wife curse each other, then both can never be together as it is clear in hadiths. However, in the case of khula, the marriage is immediately dissolved, but if both are willing to make peace and resolve to uphold the limits of Allah, then both marriages can be united with the new one. This is the fatwa of Hazrat Ibn Abbas. Hazrat Ibrahim bin Saad asked him about the woman who was divorced by her husband twice, after that the wife divorced her husband, can that woman remarry? Answering this, Hazrat Ibn Abbas (RA) said: In the verses that Allah has mentioned about divorce, he has mentioned divorce in the beginning and the end of them, between them there is a description of Khula, and Khula is not divorce, so the husband can marry the divorced wife.

From these specifications, it is known that if a divorced woman wants to return to her former husband, she can settle with him through Nikah e Jadeed.

Does khula happen only through court?

There is no requirement of court or ruler for annulment of marriage or Khula and this work can be done by the parties to resolve the marriage but it is better if this work is decided by the court because we have a formal registration of marriage and divorce in Pakistan. There is a legal system which, if ignored, can lead to many legal complications.

Shaykh Saleh Al-Munajjad says in response to this question:

The case of khula is that: The husband takes something in return or they agree on something in return and then the husband calls his wife that I have left you or divorced you or say other such words.

Return of dowry in Khula

If a woman does not want to live with her husband and she demands a divorce from him, then it is her duty to return all the property of her husband including the dowry. Allah says:

الطَّلـقُ مَرَّ‌تانِ فَإِمساكٌ بِمَعر‌وفٍ أَو تَسر‌يحٌ بِإِحسـنٍ وَلا يَحِلُّ لَكُم أَن تَأخُذوا مِمّا ءاتَيتُموهُنَّ شَيـًٔا إِلّا أَن يَخافا أَلّا يُقيما حُدودَ اللَّهِ فَإِن خِفتُم أَلّا يُقيما حُدودَ اللَّهِ فَلا جُناحَ عَلَيهِما فيمَا افتَدَت بِهِ تِلكَ حُدودُ اللَّهِ فَلا تَعتَدوها وَمَن يَتَعَدَّ حُدودَ اللَّهِ فَأُولـئِكَ هُمُ الظّـلِمون{ البقرۃ 229}

“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.”

“It is narrated from Sayyiduna Ibn Abbas that the wife of Thabit bin Qays came to the service of the Prophet (peace and blessings of Allah be upon him) and said: O Messenger of Allah, I have no opinion on his religion and morals, but I am afraid of disbelief in Islam. When the Prophet (peace and blessings of Allah be upon him) heard this complaint, he said: Do you return his garden? He agreed, so you ordered Sabit to take the garden and separate him by giving a divorce.”

Bukhari. Al-Talaq. #5273]
If a woman offers to give more than the dowry in exchange for Khula, it is not haram for the man to take it, but it is halal, that is why the Holy Quran did not limit fidya in the verse of Khula. And also in verse 4 of Surat al-Nisa Taking property given by a woman is considered halal.

Conclusion

In conclusion, if a husband does not agree to khula, the wife can still go through with the divorce. However, she will need to provide evidence that her husband is unable to fulfill his marital duties. Additionally, she may have to pay him a sum of money as agreed upon in the marriage contract. If all else fails, she can always resort to going to court.