خاوند کی رضامندی کے بغیر تنفیذ خلع اور اہل حدیث نقطۂ نظر؛ ایک تجزیاتی مطالعہ ---------------------------------------------------- Khul‘ Without Consent of Husband: Study of Ahl-e Hadith Perspective

Abstract

Islam provides clear guidelines regarding marriage and divorce. It treats the family as an everlasting institution with specific rights and responsibilities assigned to both spouses, in order to ensure smooth functioning of the family. However, despite emphasis on marriage and preservation of family as a unit, Islam does not rule out dissolution of marriage if any one or both of them fail to fulfill the primary objectives of the marital contract. There are different ways of marital dissolution mentioned in the Quran and Sunnah e.g. (1) Talaq, (2)‘Ila or Zihar, (3) li‘an and (4)Talaq by Iftida’, (i.e. a divorce on the unsatisfied wife’s demand that is called Khul‘ by offering the husband return of the dower). According to the great majority of Sunni jurists Khul‘ can only take effect only on certain solid grounds including husband’s consent; otherwise, it is not lawful even for judiciary to make separation between husband and his wife. However, according to Ahl-e Hadith ‘Ulama, the judiciary has the right to dissolve marriage even without husband's consent. After her ‘iddah (which is according to them is one month usually) she can marry to another person. This paper studies their view point in detail to identify their argument in this respect.