Husband Consent in Khula and Court Jurisdiction | An Analytical Study | Part-1

 Evidence of Husband Consent in Hula and Court Jurisdiction: An Analytical Study - Part-1

Husband Consent in Khula and Court Jurisdiction | An Analytical Study | Part-1

Islam is a balanced and moderate religion and aspires to moderation in all areas of life. And a glimpse of this can be seen in the family laws of Islam. If it is difficult for a couple to maintain a relationship, then Islam has taken care of the rights of both men and women. When the wife is unable to pay the dues, the husband then has the option of divorce.

Religious scholars say that marriage is like a business, so it should be done by mutual agreement. The court has certain powers in the matter, whether he can decide hula or not, or the woman will have to stay with him until the man agrees. The article also analyzes the arguments in favor of compulsory consent of the husband, even in court, insofar as the consent of the husband is necessary. Is it possible or is it possible to have a counter opinion? May Allah help us to achieve the right. Amen

On this occasion, let us first look at the basic definition of hula and its legal terminology so that its complete meaning becomes clear. The word hula in Arabic means to remove something.

If you open the door and open it, if you fall in with all its dirt and roots, it will separate itself. Because Allah Almighty created women dressed for men and women dressed for them.

He divorced a woman and he divorced her. When a woman pays a ransom for him with her property, and a man divorces her and takes it away from him, then the separation is called hula, for Allah gave the man and made the woman a garment of each other. "

Allah Almighty has described the marital relationship between a man and a woman very well, comparing the two with each other's clothes. In the same way, a husband and a wife help each other in grief, mystery and suffering. the other as if they were undressing, and this separation is called "Ulama Khala".

Terminological Meaning:

Jurists and authors of popular religions (Hanafis, Malikis, Shafiites and Hanbalis) have given different definitions of hula according to their point of view.

Hanafi Jurisprudence:

Ibn Abidin defines Hanafi blasphemy as follows:

He removed the marriage contract that had been adopted, adopting the word hula or anything to that effect ([2]).

The word hula "or its equivalent in the word hula" refers to the dissolution of a marriage, which is suspended after the adoption of a wife.

According to the Hanafi, the word khula or a synonym word is essential for khula because if these words are not used, there will be no difference between divorce and khula even if the two decisions are different. words in profanity so that there is a difference between them. And a woman's fostering is suspended because she has to pay a ransom, so her consent is also required.

Maliki's Jurisprudence:

Mukhtasar Khalil says:

"Khula is allowed and this divorce is done in the name of getting compensation from someone other than the ruler and the wife and he is entitled to that as well."

According to Maliki, first, there is no need to have a leader in matters of blasphemy, and second, there must be a reward.

Shafi'i Jurisprudence:

Khatib Sharbini defined hula in the following terms:

There is a sect between spouses in exchange for the word divorce or divorce ([4])

"Hula is the separation of a pair with the phrase talaq or hula in trade for something."

As if words weren't so important in blasphemy according to Shaufa'i, there is no difference between divorce and blasphemy.

Hanbali Jurisprudence:

He divorced his wife in exchange for taking the husband's wife or in other words with special words.

"Leaving the husband's wife in exchange for what he takes from her or someone else is called hula."

From these definitive words it becomes clear that according to Hanbali jurists there must be certain words and substitutes in blasphemy.

Decision on the judge's decision in Hula:

In Islam, if a dispute arises between two parties that cannot be resolved peacefully, then in such a situation, they have the option of going to court. a domestic dispute, and one in which separation was required, was the case of the wife of Tabitha bin Qays. Even after the death of the Holy Prophet, in the time of the Righteous Caliphs, women complained about domestic inconveniences and sometimes decisions of blasphemy were made in them. As for the fact that "help in case of blasphemy can be requested from the court" is not a new concept, but according to some jurists such as Saeed bin Jubair, Ibn Sirin, etc., it is necessary to get a court ruling for the hula. without it, the hula does not occur. if the wife does not agree and the wife does not want to live with him, then the wife goes to court and the court issues the degree of hula in this case and the consent of the husband is not taken into account Is it possible to make a decision unilaterally or not? Hence the discussion in academic circles that if the court decides on a divorce without the consent of the husband, what will be his legal status?