Family law in Pakistan applies to all Muslim citizens regardless of their sect, whether they follow the Sunni faith or the Shia faith. It is a generalized notion among Muslims in Pakistan that marriage can only be dissolved by a Muslim husband by pronouncing divorce. It is a false belief that a wife cannot end the marriage without the consent of her husband if she is not willing to stay in the marriage relationship with her husband.
Dissolution of marriage between Muslim spouses is permitted in three ways i.e. Talaq (Divorce by Husband), Mubarak (Mutual Divorce), and Khula (Dissolution of Marriage by Wife).
Khula and Consent of Husband?
The literal meaning of “khula” is to extract oneself and in simple terms, “khul” denotes a woman securing the annulment of her marriage instead of payment of some compensation to her husband.
In law, Khula is the wife’s right to seek dissolution of her marriage from her husband if she cannot live with him within limits prescribed by Allah. However, she is required to pay compensation to her husband by returning the whole dower (Meher) amount received from her husband.
The story of the wife of Thabit bin Qays (R.A) is one of the first recorded cases of Khula, wherein The Prophet Muhammad (Peace Be Upon Him) ordered his husband, Thabit bin Qays, to accept the garden (Return of Meher by wife) and separate from his wife. It is a fit case where consent was not required from the husband before deciding the dissolution.
Pakistani law ensures that women have the right to seek justice and protection in marriage. The Federal Shariat Court in the Imran Anwar Khan Case of 2022 has clarified that khula can be granted without the husband’s consent, as long as the wife fulfills her legal obligations, like returning the mahr. This ruling is based on Quranic principles and ensures fairness for women.
Undergoing Seeghasin Shia Sect
It is a common idea with Muslims (Shia Sect) observing “Fiqah-e-Jafria” that in the event of dissolution of the marriage between husband and wife based on the dissolution of marriage by Talaq or Talaq-e-Khul, marriage can only be dissolved after the recitation of “Seeghas” by the husband without any influence or coercion.
In a case titled “Syed Shouzab Imran KazmiVs. SyedaIffatBukhair”, a husband challenged the Khula decision rendered by the Family Court in favor of a Muslim wife belonging to the Shia Sect without the consent of the husband. The plea of the husband in the case was mainly that dissolution of marriage in the Shia Sect cannot be dissolved without recitation of “Seeghas” and therefore, sought the annulment of the Khula Decision. The honorable Lahore High Court vide Decision rendered on 31st October 2024, dismissed the case on the ground that Khula is well recognized legal right of a wife recognized by all Islamic Countries; while rendering the Khula Decision the Family Courts of Punjab, Pakistan are neither required to take consent from husband while dissolving the marriage nor there is any legal requirement of undergoing Seeghas.
The performance of Seeghas is thus a religious practice, but it is not a legal requirement in Pakistan. Once the Family Court issues a decree of khula, the marriage is considered legally dissolved. If the spouses wish to follow Shia religious practices, they can perform seeghas voluntarily after the court’s decision. However, this is not required for the divorce to be valid under Pakistani law.
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