A Study on the Rights of a Husband in Khula (Divorce at the Wife's Instigation)

In Islamic legal system marriage can be terminated by the true intention of the husband. If the wife seeks divorce and the husband refuses there is no way to compel him to end the marriage, but in case of hardship or suffering on the part of the wife in marriage, the husband will be obliged to divorce her. According to Islamic scholars the husband cannot be compelled to grant his wife a divorce even if she is willing to return part or all of her dowry in order to free herself from the marriage bond; still the husband has a unilateral right to refuse. Subsequently this scenario creates some legal problems. From Islamic and legal point of view the writer claims if the wife is unhappy to continue overruling the husband's refusal, he will be forced to divorce his wife. Due to the importance of this issue and its impact on family law, this paper analyses the problem on the basis of jurisprudential and legal point of view followed by legal documents and reasoning.