Tag: Why

  • Difference between Talaq and Khulla

    Talaq is the Islamic term for divorce. A talaq is used to end a contrct of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife excercises her right of Talaq then she must relinquish her right to Haq Meher.


    It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

    Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.
    After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
    A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

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  • Divorce and Khulla under Shariah Law

    There are several ways for establishing divorce in Shariah:

    Both the husband and the wife come to an agreement that they wish to separate through divorce, and the husband then pronounces one declaration of divorce upon his wife….and if the couple do not reconcile before the waiting period of ‘iddah’ (three menstrual cycles of the wife), a divorce in the marriage will be established.

    The husband alone wishes to divorce his wife; in such a case the husband has the right to declare a divorce upon his wife

    The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’:

    She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her.

    If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Shariah Judge has the right to declare a divorce between the husband and the wife in marriage.

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    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: info@irfanlaw.com
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com