خلع میں شوہر کی رضامندی کے دلائل اور عدالت کا دائرہ اختیار:تجزیاتی مطالعہ

  • Muhammad Owais Ismail

Abstract

Islam is an impartial religion and demands justice in every aspect of life. The glimpse of justice of Islam can be seen in the family laws. Islam has prescribed clear guidelines for the unification of family structure and emphasized on it with utmost stress. But even though the conflict between husband and wife reaches to threshold, Islam also has recommended guidelines of separation between husband and wife in a very sensible manner i.e., husband can divorce the wife and similarly wife has the right to attain separation : . (خلع) If woman wants to get separation from her husband, she can exercise her right of (خلع) . Is it necessary to have consent of husband in this process or not? Sometimes husband does not get ready to divorce the wife on her demand and in that case wife approaches court and consequently court orders the separation between husband and wife when husband refuses to divorce. It is to be examined the applicability of the court decision of separation between husband and wife, and the Shari’ah legitimacy of that act. In this regard, scholars are of two opinions; according to the renowned four schools of thoughts, the consent of husband is inevitable in implementation of divorce. But few of the contemporary scholars opined that divorce is operational even without the consent of husband when woman asks for separation. In this research study a detailed analysis is carried out on the opinions of scholars who are of the view that consent of husband is compulsory in implementation of divorce.

Published
2020-03-11
How to Cite
Ismail, M. O. (2020). خلع میں شوہر کی رضامندی کے دلائل اور عدالت کا دائرہ اختیار:تجزیاتی مطالعہ. Al Tafseer - Biannual Journal, 35. Retrieved from http://al-tafseer.org/index.php/at/article/view/133
Section
Articles