Khula in Pakistan: A Juridical Analysis of the Wife’s Inalienable Right to Dissolution of Marriage and the Husband's Discretionary Authority
Keywords:
Khula, Divorce, Islamic Law, Judicial Reforms, Procedural Delays, Islamic Law, Maher, Family Courts.Abstract
Khula, a type of divorce which permit Muslim women to initiate a marital dissolution, raise legal questions and require urgent court improvement. Even though Islamic theology fully supports the right of women to khula it is not something that is easy for a woman to get because there are legal hurdles that make it difficult for a woman to find a good lawyer who will help her get a fair trial. The article outlines the main challenges which hamper women from fully exercising their right of khula including procedural delay, judicial bias, expenses and social resistance. This delays many courts issues that put women under financial and emotional pressure since many procedures prolong the court proceeding. To address these challenges, the article also explores the kinds of drastic judicial reforms that are required to streamline the process of Khula. Some of the recommended changes include enhanced access to legal services, Mahr compensation ceiling guidelines, gender sensitive training for judges and magistrates, and enhanced processing of legal cases among others. Through implementation of these reforms, the current legal system shall meet international gender norms, and Islamic fairness and ensure that women seeking dissolution of marriage acquire justice, dignity and protection from unnecessary suffering.
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