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The different methods of Islamic separation - Part 3: Khula and Faskh-e-Nikah
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In this article we will discuss the following methods of Islamic separation:
- separation by way of consent between the parties - Khula; and
- dissolution of marriage - faskh-e-Nikah.
Unfortunately this area of Islamic
Fiqh (jurisprudence) still confuses many lay Muslims as well as qualified Islamic scholars.
In my
previous article I mentioned that most people tend to think that any other form of Islamic separation that is not
Talaq automatically falls into the category of
Khula. That could not be further from the truth. Hopefully by the time you get to this article you will have read
Part 1 and
Part 2 and so will be aware of the different methods of
Talaq and the fact that it is a completely different method of separation to
Khula and
Faskh.
Khula
Khula has already been discussed in detail you can read about
here.
Faskh-e-Nikah
As previously mentioned if the husband refuses to give his wife Islamic
Talaq the wife would effectively be stuck in her marriage. However Islamic jurisprudence provides for the wife in enabling marriage to be dissolved by a
Qadhi (a judge who sits in a...
Read the full article here.