The Judge's Obligation Husband to Enforce Khula in Islamic Jurisprudence and the Laws of the Gulf Cooperation Council (GCC) States
Year: 2025
Type: article
Abstract: The study aimed to clarify the concept of khula in Islamic jurisprudence, as well as in the laws of the Gulf Cooperation Council (GCC) countries. It examined the Islamic legal perspective and the role of the law in requiring the husband's consent to khula, as well as the discretionary power of the judge in khula cases. The study concluded that khula refers to the dissolution of the marriage between the couple in exchange for a compensation or consideration, provided by the wife or another party, through specific expressions indicating khula. It was found that the husband's consent is not necessary for khula if it becomes impossible for the wife to continue living with him due to his obstinacy, which causes harm to her. Additionally, the study concluded that a competent Muslim judge, who possesses the qualifications to evaluate and interpret the law, has the right to rule in favor of khula without the husband's consent, after thoroughly examining the case and determining that reconciliation between the spouses is impossible
Institution: University of Sharjah
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4416833559
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