Khula in Fiqa Jaferia:
The khula is the divorce initiated by the wife and is filed in the family courts according to the family laws. The law in Pakistan is the same for all Muslims and is not separate for Shia or Sunni. The khula in Fiqh Jafria in Pakistan is the same as the khula procedure in Pakistan for the other sects of Muslims. The law does not treat Shia or Sunni as separate entities. According to the law, all the sects of Muslims are the same, so the law for khula is the same for all Muslims. The procedure of khula and talaq in Pakistan is also the same for all Muslims.
Difference in Law & Religious Sects:
There may be differences of opinion in the law and various religious sects, but the law is what it is. The khula in fiqa Jafria in Pakistan is the same as that of others. According to the Shia fiqh, they say that the divorce happens only when the husband and wife sit together and, in the presence of witnesses, they recite sigas. Now, indirectly, by this version, they are totally negating the concept of khula because for the sigas, both the husband and the wife should mutually agree for sigas. What if the husband is not giving his consent for the sigas? If he does not, then it means the wife cannot get a divorce?
Facilitated Law:
The law has facilitated the wife so that if the husband is not giving her a divorce, she can approach the court to she can get a divorce. The khula in fiqa jafria in Pakistan requires sigas, whereas the law does not need sigas. The law is clear that if the wife has a valid reason to get a divorce from the husband, she can approach the court and prove her case. If the wife, through a lawyer in Pakistan, proves her case, she will be entitled to the decree of divorce. The Shia Fiqh divorce in Pakistan is a religious matter, whereas the khula is a legal matter.
Approach the Qazi:
Religiously, also, if a wife needs khula, she has to approach the qazi. In English, the qazi is called the judge. The judge sits inside the court, and the case is governed according to the law. The law is clear that there is no difference in the khula in fiqa jafria and the khula for the other sects of Muslims. If you belong to any sect of Muslims and you need the khula for the husband, the only thing you have to do is to hire the services of a lawyer in Pakistan, and he will file the family case on your behalf in the court. Once you legally prove your case, the court will grant you the decree of khula in Pakistan. In court, you don’t have to even mention that you belong to Shia fiqh or to some other sect. The law is equal for all Muslims.
You may read our other blogs on divorce certificate in Pakistan and child custody in Pakistan.
