The Council of Islamic Ideology (CII) has declared it un-Islamic for courts to use ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage.
The powerful religious body observed on Thursday that courts were dissolving nikkahs in the name of ‘Khula’, which is not correct since only the husband has the right to grant Khula after which courts can dissolve marriage contracts.
Urging civil courts to differentiate between ‘Khula’ and a unilateral dissolution of marriage through a court order, the CII said several women who had dissolved their marriages using ‘Khula’ were still not certain if their marriage had actually been dissolved.
Khula is prerogative of husband, not courts, says CII.