Tuesday, May 8, 2007

A reader explains

Sulaiman, let me try to help you there. "Khula" is an approved provision in Islam whereby a wife can seek divorce by filing an application with the cleric for dissolution of marriage. Something similar to "talaq", but very different in the sense that while talaq can be initiated and concluded by the husband without the help of a cleric in a period of three months, khula needs the cleric (kazi). The wife has to return the dower. The Kazi may prolong the agony of the woman especially if he is "taken care of" by the husband.

Ahle-Tashi is a Shia sect which seems to have a lenient khula. However, the khula has to be initiated by thw wife. However, in this case you are quoting, the wife's parents are initiating the khula (which is not possible in Islam) because they do not want the marriage. Their advocate is saying that the federal Shariah court (the parallel legal system in TSP) would give the khula quickly (which is illegal in Islam as khula has to be initiated by the wife, not her parents).

SS