Khulla (Girl's right to seek seperation/divorce) can someone put a light on this issue!

Mughal1

Chief Minister (5k+ posts)
Mirza sahib , dont tell Bhabhi that she has right of divorce....but actually woman has it...;)

Dear Raaz, it is not matter of controlling wives but we have mothers, sister, daughters and even, nieces and grand daughters, what kind of life we want to give them is up to Allah and ourselves. If Allah has given people his rule of law that is for good of all of us then why exclude women if we really are muslims?
 

Mughal1

Chief Minister (5k+ posts)
The quranic verse quoted by patriot should make it clear enough for you. No man of belief should hold a woman against her will. If the man is being unjust, cruel or has dwelves in 'ghair sharai' habits, a woman should present her case to the the state/judge/qazi.

Furthermore it is important to understand the essence of 'nikah' in Islam. Nikah is a marraige contract which has some minimum requirements like number of witnesses, haq mehr, proper consent etc. On the top of it you can add as many conditions as you want in the contract, provided they are mutually agreed by free will and not by force. The conditions may govern the marraige in future events including the right of the lady to seek khulla.

Thanks but I just want to emphasis the point that any private agreement is sham if it is in opposition of set laws. One cannot put any term in an agreement that violates divine precepts eg justice, fairness, compassion etc. Islam is not about the powerful one dictating the terms of agreement and the weaker one just signing at the bottom line. None is allowed to dictate unacceptable terms full stop otherwise agreement is not valid.
 

jhootaylog

MPA (400+ posts)
If a female is seeking divorce from his husband.. and husband is stuborn & not giving her divorce..

what other options does that girl has? can someone elaborate on the subject of Khulla(girl's right of seperation)..

if the information with reference is mentioned, it will be highly appreciated.. after all no one wants to end up as a sinnner...

thanks...

ایم کیو ایم میں شامل ہوجانا چاہیے
کیوں کہ
جب اس لڑکی بھائی مل جاے گے
شوہر خود ہی چھوڑ دے گا۔۔۔۔

 

next2saint

MPA (400+ posts)
WOMEN'S CONSENT AND THEIR ABILITY TO SEEK DIVORCE: 4:19 O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. ---. [No such thing as KHULA']

This is what Allah SWT says in Quran.
Now decide for your self. Mullah or Allah SWT?

Thanx for sharing, but what if the hubby is mulla type and is not willing to give divorce.. There must be a way of gettin seperation from the husband?

Since man can null & void nikkah by goin through a procedure of Talaq. Can the lady too say Talaq and follow an Idat of 3 months and afterwards will be treated as null & void?
 

next2saint

MPA (400+ posts)
http://www.banuri.edu.pk/ur/node/1411


دوست مجھ کو آپ کا مسلک کا نہیں پتا اگر آپ سنی دیوبندی مسلک کو مانتے ہیں تو اس لنک سے آپ کی کافی مدد ہو سکتی ہے اور ویسے بھی یہ ایک بہت نازک اور شرعی مسلہ ہے اس کے لئے آپ کو اس فورم سے زیادہ کسی اچھے مستند مفتی کی ضرورت ہے.

Does Islam varies that much among the schisms? btw i am not sure abt which sect of Islam does she belong to.. :s
 

next2saint

MPA (400+ posts)

ایم کیو ایم میں شامل ہوجانا چاہیے
کیوں کہ
جب اس لڑکی بھائی مل جاے گے
شوہر خود ہی چھوڑ دے گا۔۔۔۔


will u regret later on, if u find out that after reading ur comment, the lady did join MQM as a solution of her problem? after all desperate ppl have a tendency of taking desperate steps...
 

ALI ARYAN

Senator (1k+ posts)
Dear brother, islam is islam, not shia or sunni, deobandi or brelavi, wahabi or salafi etc. It is better for us not to bring in sectarianism in matters of DEEN. Sectarianism needs to be discouraged at each and every opportunity. We cannot survive if we keep on dividing or if we try and keep those nonsense divisions that only suit ruling elite and their mullahs but not the ummah.

Time to distance ourselves from make beliefs and mullah made rules and laws against the quranic context. Even if we must follow fiqh it has to be in matters which can be clearly proven from the quranic context.

If any hadith that goes against the quran is unacceptable then how can we be right in accepting any verdict by any mullah that is clearly against the quranic context of islam? Time for us to get our thinking caps on. No more taking things for granted because we have been lied to for centuries regarding so many things in the name of islam.

If mullahs have not been able to define tawheed and shirk, sunnah and bidah, taqleed and ghair muqalladiyat etc etc, what gives us hope that they will be able to guide us regarding anything else regarding islam? The only thing they have is that they have memorized the quran and hadith and fiqh but hardly they debate things to contextualize them for their proper sense and understanding. This is why we have some friends here who quote the verses of the quran and some ahadith about things and the rest is not their concern. They did not learn how to make sense of things and explain it to others and that is causing a lot of confusion.

Dear brother, it is time we took out some time for ourselves to see what the quran is all about. It will bring us many benefits if we did that. We do need to become independent of our ruling elite and their mullahs who fool us and keep us divided to use and abuse us otherwise whatever comes our way in form of painful suffering we deserve every bit of it. For how long more we are prepared to suffer?

Of course we cannot stop those who are determined to committing suicide. regards and all the best.

Muhtaram Mughal Bhai !! Yeh division meri tehreer se nahin ho rahi hai, sawal karney waley ne pocha tha or mein ne us ki sahih raah mein raah numayi ki he ke woh apney Maslak or aqeedey ke hisab se Rujoo kare. or na hi mein ne un per apne deen or maslak thopney ki koshish ki he.

Un se pochney ka matlab yeh tha ke un ke nazdeek unka aqeeda or maslak theek ho ga or mere nazdeek mera. lekin agar mein unko apney maslak or aqeedey ke hisab se guide karney ki koshish karta to woh ghalat hota.

Quran or Hadees Tamam Fiqah mein eik hi he, lekin Fiqhaat Unki Tashreeh per janam liye hein kiyonke her Fiqah E Imam Ne apni tashreeh ki he or kayi Maqamaat per yeh ek dosrey se mutasadim hein.

Aap Shayad meri baat ko ghalat samjhey hein isi bina per quote kar deeya he. Or wesey bhi Insaan ko kam az kam itna zaror maloom hona chaiye ke woh kis Maslak ki Pervi Kar raha he.

Amoman Log Aadha Teetar or Adha Batair ki tarah apni ZIndagi Guzar rahey hein.
 

biofilm

MPA (400+ posts)
Unfortunately it is very difficult to for women to get divorce. For men, it is just three times "TalaQ" and end of story. If a women does not want to live with the man, she should have a right of immediate divorce like men. This is a step towards equal rights.
 

biofilm

MPA (400+ posts)
Do you think it funny. Are you really indian? Why every time you have to expose you idiotic mind in serious discussions. If I were indian I would never crack jokes in serious discussions because that does not help indian cause. You will never win hearts by this. Hope you contribute is a good manner in future.
ladki ko bhaag jana chhaiye ghar se,:P:P:P:P:P:P:P
 

patriot

Minister (2k+ posts)

Thanx for sharing, but what if the hubby is mulla type and is not willing to give divorce.. There must be a way of gettin seperation from the husband?

If a man denies the clear commandments of Allah what does he become?

next2saint[/URL said:

Since man can null & void nikkah by goin through a procedure of Talaq. Can the lady too say Talaq and follow an Idat of 3 months and afterwards will be treated as null & void?
According to the Quran, yes.
 

next2saint

MPA (400+ posts)
Unfortunately it is very difficult to for women to get divorce. For men, it is just three times "TalaQ" and end of story. If a women does not want to live with the man, she should have a right of immediate divorce like men. This is a step towards equal rights.

No, 3 talaqs simultaneously is not Islamic..

when a man give talaq (1 of 3) to his wife, he has to keep her with him for 3 months.. and keep her all necessities fulfilled (like clothes,food, shelter etc).. who knows God will make them forget their differences within that 'idat' period (3 months). if 3 months passes, then that one talaq will held as final.. game over.. no more marriage

if a man takes his wife back within 3 months then (man has used 1 of 3 chances of talaq).. lets say after some years/months again they have differences and man decides to give divorce.. then it will be the same procedure as discussed above..

and lets suppose after taking his wife back again for the second time .. and lets say after some years they again have differences.. and now man again give divorce.. then he is out of talaq chances.. this third talaq will be considered as final.. game over.. idat or no idat.. he cant take her back as wife.. unless she marries again to some other guy and God forbid she get divorce from there too (remember halala is haram)
 

makdaone

Councller (250+ posts)
If a female is seeking divorce from his husband.. and husband is stuborn & not giving her divorce..

what other options does that girl has? can someone elaborate on the subject of Khulla(girl's right of seperation)..

if the information with reference is mentioned, it will be highly appreciated.. after all no one wants to end up as a sinnner...

thanks...


بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ


الطَّلَاقُ مَرَّتَانِ ۖفَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّـهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّـهِ فَلَا تَعْتَدُوهَا ۚوَمَن يَتَعَدَّ حُدُودَ اللَّـهِ فَأُولَـٰئِكَ هُمُ الظَّالِمُونَ ﴿٢٢٩

طلاق دو مرتبہ ہے پھر بھلائی کے ساتھ روک لینا ہے یا نیکی کے ساتھ چھوڑ دنیا ہے اور تمہارے یے اس میں سے کچھ بھی لینا جائز نہیں جو تم نے انہیں دیا ہے مگر یہ کہ دونوں ڈریں کہ الله کی حدیں قائم نہیں رکھ سکیں گے پھر اگرتمہیں خوف ہو کہ دونوں الله کی حدیں قائم نہیں رکھ سکیں گے تو ان دونوں پر اس میں کوئی گناہ نہیں کہ عورت معاوضہ دے کر پیچھا چھڑالے یہ الله کی حدیں ہیں سو ان سے تجاوز نہ کرو اورجو الله کی حدوں سے تجاوز کرے گا سو وہی ظالم ہیں (
229

The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers, etc.). (
229)