Correct khula Pakisani law:
If you want to know the correct khula Pakistani law or get divorce certificate in Pakistan, you may contact Jamila Law Associates. Whether khula is faskh or ṭalāq is another issue that is discussed by the Shāfi‘īs. This depends upon the words that are used while entering into the process of khula. Khula may take place with both the words khula and ṭalāq. If khula is concluded with the word ṭalāq or if it is pronounced with an indirect declaration of intent (kināya) with the intention of ṭalāq, in both these cases khula Pakistani law or get divorce certificate in Pakistan shall be a divorce (ṭalāq) because in these two situations there is no other possibility except for a divorce. However, if khula is concluded with the use of the word khula, this requires further consideration, as the husband’s intention is not to pronounce a divorce. Al-Shīrāzī states that there are three opinions on this situation.
No Separation:
First, no separation shall take place, and this is al-Shāfi‘ī’s statement in his book al-Umm. According to al-Shāfi‘ī in the matter of divorce, an indirect declaration without clear intention (kināya fī ’l-ṭalāq min ghayr niyya) does not constitute a separation. The second opinion is that such khula Pakistani law or get divorce certificate in Pakistan will be an annulment (annahu faskh), and this is al-Shāfi‘ī’s old position. The reason is that khula is permitted for separation other than divorce, hence it cannot be a ṭalāq. In addition to that, ṭalāq does not take place except with a direct statement (bi-ṣarīḥ), or with an indirect declaration where the intention is to divorce (kināya maʻa al-niyya), and the khula is neither.
Divorce Certificate in Pakistan:
Hence on khula Pakistani law or get divorce certificate in Pakistan, it is necessary that it be considered an annulment (fa wajaba an yakūnu faskhan). The third opinion is that it is a ṭalāq (divorce), and this is al-Shāfi‘ī’s position in his book al-Imlā’. Al-Muzanī has also adopted this position, stating that khula is a divorce and takes place in the same way as a divorce (lā yaqaʻ illā bimā yaqaʻ bihi al-ṭalāq), i.e., with the intention of divorce if a person mentions or intends a certain number, that many divorces shall be effective from khula Pakistani law or get divorce certificate in Pakistan.
Shafi Though:
As for the nature of khula, according to al-Shāfi‘ī, khula is similar to divorce, and only the husband can pronounce it. This is because the husband has control over the person of the wife (amlaka bihā), and khula is a sales contract like other sales contracts (annahā bayʻun min albuyūʻ). Shāfi‘ī is also explicit in stating that khula does not take place except when concluded by the husband (lam yaqaʻ illā bi-īqāʻ al-zawj).
Analogy:
This he suggests based on an analogy (qiyās) of khula with ṭalāq. Al-Shāfi‘ī states that since khula Pakistani law or get divorce certificate in Pakistan cannot take place without its being concluded by the husband, likewise, khula also cannot take place without the husband’s consent.
