Khula Between Family Code Modified by Order 05/02 and Islamic Jurisprudence

Abstract

Just as a man can resort to divorce when he does not love his wife, the Islamic Law (Sharīa„h) gives the woman the right to end her marriage, if she does not love her husband. However, she will have to repay her the dowry paid to her unless there are circumstances in which a judge could force his husband to pronounce Ṭalaq without compensation from his wife. The Family Code puts an end to an abuse of the rule by judges who demanded the consent of the husband. She asserted that the demand for Khula„ was no longer conditional on the husband's acceptance. As a result, the expression "without the consent of the husband" was introduced in 2005, in Article 54 of the Family Code.