Official Divorce Certificate Format:
If you wish to get official divorce certificate format as per khula in Pakistan law, you may contact Jamila Law Associates. Finally, the blog deals with later Mālikī jurists who provided an opinion by which an unhappy and unwanted marriage union could be dissolved by arbiters or judges. This is the point which shall be later used in the modern period to lay foundations for contemporary khula legislation for divorce certificate format as per khula in Pakistan law justifying unilateral right of women to seek khula in case she does not intend to continue in the union.
Usage of Khula:
The Meaning and Usage of Khula as a Technical Juristic Term literally, the word khula is derived from the three letter root khā’-lām-ʿayn, which means to ‘to take off’ or ‘to extract.’ Ibn Manẓūr’s (d. /-) famous Lisān offers the example of one who “takes off his shoes, clothes or a blanket” (khalaʻa al-naʻl wa ’l-thawb wa ’l-ridā’). The Qur’ān also employs the word in its literal sense, as in God’s address to Moses (Mūsā): “Indeed, I am your Lord, so remove your sandals (ikhlaʿ naʿlayk). You are in the sacred valley of Ṭuwā.”
Technical Term:
As a technical term, the word khulaʻ is also used to indicate a wife-initiated separation between the spouses (khālaʻat al-mar’a zawjahā mukhālaʻatan), where a wife chooses to sever the marital bond by paying a ransom to the husband in exchange for his divorce certificate format as per khula in Pakistan law . Interestingly, the term in this context is intended as a response to the Qur‘ānic metaphor that the husband and wife are ‘garments’ for one another, indicating thereby the metaphorical ‘removal’ of the marital garment.
Khula in Pakistan Law:
Several jurists on divorce certificate format as per khula in Pakistan law have defined the term to highlight its conclusive severing of the marital bond. The twelfth-century Ḥanafī jurist ‘Alā’ al-Dīn Mas‘ūd al-Kāsānī (d. /) defines khula as a ‘naz‘’, meaning to rip, pull out or extract, indicating that the husband has ‘extracted’ the wife from the marital relationship. Ibn al-Humām (d. /) defines itas “a termination of (the husband’s) ownership of the marital bond in exchange for compensation via the enunciation of a ‘khula’ (izālat milk al-nikāḥ bi badalin bi lafẓ al-khula).” Others like al-Nasafī (d. /), define it as a ‘separation’ or ‘breaking’ of the marital bond (al-faṣl min al-nikāḥ).
Shāfiʻīs and Mālikīs:
As for the definitions of the Shāfiʻīs and Mālikīs, there appear to be no substantial differences in implication. In the words of the Shāfiʻī jurist Ibn Ḥajar al-‘Asqalānī (d. /), it is “a separation (firāq) from the wife in exchange for money.” Likewise, for Ibn Rushd (d. Aḥmad b. Muḥammad Fayyūmī, al-Miṣbāḥ al-Munīr fī Gharīb al-Sharḥ al-Kabīr, vol. (Beirut: al-Maktaba al-ʻIlmiyya, n.d.), . /) it is “a woman’s compensation (of the husband) to obtain her divorce” (badhl al-mar’a al-ʻiwaḍ ʻalā ṭalāqihā). Many jurists on divorce certificate format as per khula in Pakistan law have also accepted the use of other terms such as ‘mubāra’a’ and ‘bayʻ wa shirā’’ to effect a khulaʻ-like agreement. For the Ḥanafīs, a mubāra’a (lit. the ‘mutual release’ from the marital contract) is similar to a khulaʻ in its legal consequences on divorce certificate format as per khula in Pakistan law in that all marital rights cease automatically once the contract is effected.
