خلع کے ذریعےتفریق بین الزوجین میں قاضی کے اختیارات کا تحقیقی مطالعہ An exploratory study of the powers of the Qazi in separation between spouses through divorce Section Islamic Literature

Abstract

Islam is a Universal and impartial religion. which covers every sphere of human being’s life. In this perspective, Allah Almighty sent Prophet ﷺ to us for illuminating the path of our lives and for teaching us how to live. A human being’s life is depicted by these aspects, beliefs, worship, affairs, social life, and ethics. If we elect the part of affairs and social life from these aspects, we can see that family is the unit of society and spouses are the unit of a family. Because marital life plays a pivotal role in the stability, construction, and evolution of any society. In Islamic society, the family commences when a man and woman infiltrate and are tied up into a sacred wedlock bond. Islamic Sharia gives detailed rules and regulations regarding family laws and Islam works justly for the rights of men and women. Islam emphasizes reconciliation in the relationship but sometimes spouses do have not a mutual understating and divergence between husband and wife reaches the threshold, on this point Islam prescribed clear guidelines for spouses. If they want separation, Islam gives permission. A husband can divorce his wife in a very sensible manner and women can also postulate for divorce. But sometimes the husband does not agree to give divorce to the wife, in this case, Islamic shariah has given a way to the wife, which is called “Khula” (خلع). If Women register a case of khula in the court, then the Qadi (judge) orders separation according to Islamic jurisprudence. In this regard, scholars have different opinions according to different schools of thought. The objective of this article is to review and analyze the authority and rulings of the judge in Khula in the light of Islamic Shariah.