عدالتی خلع کے جوازاور عدمِ جواز کی مباحث : ایک تجزیاتی مطالعہ LEGAL KHULA: ANALYSIS OF PERMISSIBILITY AND NON-PERMISSIBILITY: A CRITICAL STUDY Section Urdu Literature

Abstract

Islam has granted men the right to issue divorce, and similarly, it has given women the right of 'khula.' This distinctive feature is exclusive to Islam, which has established balanced rights for both men and women, preventing any injustice. If a wife finds her husband displeasing for any reason and, despite her efforts, is unable to reconcile with him, she has the option to compel him to grant a divorce. However, if the husband is not willing to divorce, she has the right to seek freedom by offering him financial compensation in exchange for a release from the marriage.

In the current era, the trend of divorce and annulment is rapidly increasing. Divorce and annulment are often sought over small domestic disputes, and when these disputes are brought to court, judges sometimes issue divorce or annulment orders even in cases where the opinions of some esteemed scholars differ. In this article, an attempt is made to provide a comprehensive review of legal divorce based on the study of various religious jurisprudential books. The aim is to clarify the diverse opinions of different respected scholars regarding judicial divorce so that the perspectives of various scholars on this matter can be clearly understood.