Sunday, January 21, 2024

Sania Mirza splits with Shoaib Malik: What's the difference between 'Talaq' and 'Khula' in Islam?

Sania Mirza addressed her decade-long relationship with Shoaib Malik and has clarified that the duo have divorced. In a statement, shared by her father, it said “…Shoaib and she have been divorced for a few months now.” On Saturday, Malik had posted a picture alongside new wife Sana Javed, confirming the nuptials.

Later, a family member told news agency PTI that it was Sania Mirza who had filed for a divorce. “It was a ‘khula’. I do not wish to comment beyond this,” said the source.

What is ‘Khula’ in Islam?

In Islamic law, ‘Talaq’ and ‘Khula’ are two ways for a husband/wife to get a divorce. The difference lies in how they start.

In ‘Talaq’ proceedings, husband is the one who decides to divorce. The husband notifies the wife about the desire for a divorce – orally or in written. Then, there’s a period called ‘iddah’ for the couple to try and fix things. If they can’t, the divorce is believed to be finalised.

For a ‘Khula’ in Islam, the wife takes the initiative. Usually, the wife is required to give back the wedding gifts or dowry from the ceremony. After khula she can’t claim ‘mehr’ or maintenance since the desire to divorce has come from the woman’s side. Like Talaq, there’s a time for both to fix things. But the big difference between both types of separation is in who gets the process underway.

A wife can seek ‘Khula’ in various situations. Abuse or neglect, irreconcilable marital differences, or financial neglect by the husband are some of the reasons. The wife can also for a divorce if the husband is unavailable for a prolonged period. Additionally, she may also initiate the process for personal reasons.



from Firstpost Sports Latest News https://ift.tt/VbwNGRL

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