Law essay
Qn5: Explain the role of Khula in traditional Hanafi Law, in traditional Maliki Law and in the present law of Egypt.
Under Islamic law, divorce can take place in three forms, namely by talaq (repudiation of wife by husband), by khula (by mutual consent) or by faskh (decree of the court dissolving the marriage). It can be said that If Talaq is defined as the right specifically granted to men to divorce their wifes , khula can be said to be its equal for women as it gives them the right to raise it when seeking for a divorce, and even if the men do not accept it, they can refer to the Qadi for help to enforce it.
Khula operates the same way as marriage is concluded in Islam, being by way of offer and acceptance, except this time it is usually the wife that makes the offer of divorce and the husband has a choice of whether to accept it or not. Like how a dowry must be gifted to the bride upon marriage, the wife has to offer some kind of compensation to the husband, as consideration for the husband releasing her from the marriage. Similarly, as in contract law, the wife has the right to revoke this offer as long as before acceptance is made. However this is not the case for a husband relying on this form of divorce, his offer will be to repudiate the wife in return for a certain amount of compensation and this offer of his is not revocable and remains effective until rejected.
The four schools of Sunni Law though divided as to how the Khula doctrine may be performed all agrees that generally under the doctrince of Khula, that in order for the wife to release herself from the marriage, she has to give up some property in return as consideration of the husband granting her a khula, the only exception being that she was subjected to abuse and threats. The value of the compensation is not to exceed the amount of dower that was given to her initially. This is reflected in a hadith where a woman approach the Prophet and told him in return for divorce, she was willing
Under Islamic law, divorce can take place in three forms, namely by talaq (repudiation of wife by husband), by khula (by mutual consent) or by faskh (decree of the court dissolving the marriage). It can be said that If Talaq is defined as the right specifically granted to men to divorce their wifes , khula can be said to be its equal for women as it gives them the right to raise it when seeking for a divorce, and even if the men do not accept it, they can refer to the Qadi for help to enforce it.
Khula operates the same way as marriage is concluded in Islam, being by way of offer and acceptance, except this time it is usually the wife that makes the offer of divorce and the husband has a choice of whether to accept it or not. Like how a dowry must be gifted to the bride upon marriage, the wife has to offer some kind of compensation to the husband, as consideration for the husband releasing her from the marriage. Similarly, as in contract law, the wife has the right to revoke this offer as long as before acceptance is made. However this is not the case for a husband relying on this form of divorce, his offer will be to repudiate the wife in return for a certain amount of compensation and this offer of his is not revocable and remains effective until rejected.
The four schools of Sunni Law though divided as to how the Khula doctrine may be performed all agrees that generally under the doctrince of Khula, that in order for the wife to release herself from the marriage, she has to give up some property in return as consideration of the husband granting her a khula, the only exception being that she was subjected to abuse and threats. The value of the compensation is not to exceed the amount of dower that was given to her initially. This is reflected in a hadith where a woman approach the Prophet and told him in return for divorce, she was willing