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December 25, 2023

Khula under Muslim law

The media is praising a recent ruling by two Kerala High Court justices that recognised a Muslim woman's entitlement to Khula, and it is seen as a progressive ruling that advances the cause of gender equity in Islamic law. The Kerala High Court's single bench decision in K.C. Moyin v. Nafeesa (1972) exposed the debate. It was decided that Muslim marriages cannot be dissolved at the request of women in any situation, and that Muslim women do not have the right to an extrajudicial divorce. Consequently, the ruling eliminated the divorce options accessible to women in accordance with Islamic law. But occasionally, a partnership could not be happy and could even cause problems for them both. The Quran gives the choice of divorce in such cases. Muslims in India are subject to Sharia law, which is based on the Quran and Hadith, rather than any formal legislation on divorce.
December 25, 2023

Khula under Muslim law

The media is praising a recent ruling by two Kerala High Court justices that recognised a Muslim woman's entitlement to Khula, and it is seen as a progressive ruling that advances the cause of gender equity in Islamic law. The Kerala High Court's single bench decision in K.C. Moyin v. Nafeesa (1972) exposed the debate. It was decided that Muslim marriages cannot be dissolved at the request of women in any situation, and that Muslim women do not have the right to an extrajudicial divorce. Consequently, the ruling eliminated the divorce options accessible to women in accordance with Islamic law. But occasionally, a partnership could not be happy and could even cause problems for them both. The Quran gives the choice of divorce in such cases. Muslims in India are subject to Sharia law, which is based on the Quran and Hadith, rather than any formal legislation on divorce.