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Khul'a case - what are the factors taken into consideration to decide a case? |
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1. In a Khul'a case, the wife is required to return the dowry (money, jewelry, land etc.) to the husband. If the husband agrees to divorce in exchange of dowry, the Khul'a divorce is deemed to be completed. If he does not agree the Council may issue divorce as an authoritative body work in the capacity of an Islamic Court.
2. Whether it is a Khul'a case or divorce, certain conditions are required to be met by both parties:
a. The custody of the child: Normally a minor child remains with the mother until the age of 7 when the child is given the option to remain either with the mother or father. In some cases in particular the judge can use his discretion to allow one of the spouses to have custody. The spouses are required to accept the Islamic ruling in the matter of custody as long as they accept the Islamic ruling on divorce.
b. If the divorced woman remarries while the child is still under 7, the custody of the child goes to the next close relative to the woman like her mother or her sister and if no such relations are found or compatible then the custody goes to the women on the father's side.
c. Whether the child stays with the mother or the father the other party must have a full right to see the child on agrees terms. If any of the parties is reluctant for the other party to see the child on a regular basis the council regrets not to proceed with the application of divorce.
d. In Khul'a cases the woman should accede the Council decisions about returning the dowry as explained above, but the matter related to the division of the property or any other assets are not taken by the Council. The parties can refer to the Civil Courts to get their rights.
e. The husband is required to pay the full dowry to the woman if he is the one who initiated the divorce proceeding.
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