Khula: A Family Lawyer's Perspective

Author: Sadia Javed, Advocate High Court

Khula, a legal right granted to women in Islam to seek a divorce in the family courts from their husbands, has seen a noticeable increase in Pakistan in recent years. The trend of Khula, while legally and religiously sanctioned, has raised concerns about the stability of marital relationships and the broader social implications. In this article, being a family lawyer who has been dealing divorce cases, I would like to explore the reasons behind the rising Khula rate in Pakistan, discuss potential strategies to reduce the divorce trend, and propose social measures to foster greater tolerance and understanding within marriages and society at large.

I have been practicing lawyer in the family courts of Islamabad and Rawalpindi, and would like to shade on light the causes of the increasing rate of Khula. At first, empowerment of Women is one of the primary reasons for the increase in Khula cases is the growing empowerment of women in Pakistan. With more women gaining access to education and economic opportunities, they are less willing to endure abusive or unsatisfactory marriages. In the point of view of a family lawyer, this empowerment has led to greater awareness of their legal rights, including the right to seek Khula. Also, unfortunately, domestic violence and emotional abuse remain significant issues in many marriages across Pakistan. Women who face physical or emotional abuse often see Khula as their only escape from an intolerable situation. The rise in awareness and reporting of Khula cases has contributed to the increase in Khula filings and/or to seek divorce.Subsequently, it has closely been observed that there are many traditional societal expectations, and which often place undue pressure on women to conform to certain roles and behaviors, can lead to dissatisfaction in marriage. When these expectations clash with a woman’s personal values or aspirations, it can result in a breakdown of the marriage, prompting her to seek Khula. One of the major factors is of economic independence, with more women entering the workforce and achieving financial independence, the economic barriers that once prevented them from seeking divorce have diminished. Women who are financially independent are more likely to pursue Khula from the family lawyer, if they believe their marriage is no longer tenable. Moreover, I would like to discuss the aspect of lack of compatibility in the arranged marriages, which is without adequate consideration of compatibility often lead to discord. Differences in values, aspirations, and personalities can create an environment of constant conflict, making it difficult for the marriage to survive. Khula becomes a viable option for women in such circumstances.

Over the decade of practice of family law, I could propose the strategies to reduce the Khula rate, if the introducing mandatory premarital counseling that can help couples better understand each other and prepare for the challenges of married life. Counseling sessions can cover topics such as communication, conflict resolution, and financial management, laying a strong foundation for a successful marriage. Alongside to provide the strengthening family support, as families play a crucial role in the stability of marriages. Strengthening the role of families in supporting couples, particularly in the early years of marriage, can help prevent conflicts from escalating to the point of Khula. Families can offer mediation and guidance to help resolve disputes amicably by conducting a mediation lawyer for divorce and Khula. One should, it has to accept that – there is a need to address the domestic violence in our society, largely. Reduce the incidence of Khula due to domestic violence, it is essential to address the root causes of such behavior. Public awareness campaigns, stricter enforcement of laws against domestic violence, and providing support services for victims can help create a safer environment for women, reducing the need for Khula. It is closely associated if we are able to promote the Islamic values, as reinforcing the Islamic teachings on the sanctity of marriage, the importance of patience, and the value of compromise can help reduce the Khula rate. Religious leaders, scholars and lawyers can play a key role in promoting these values through sermons, educational programs, and community initiatives.

Furthermore, legal advisors and family lawyers need to emphasis on the need of social measures to foster tolerance and stability in the overall society. It is starting from the education and awareness, to educating the public about the importance of tolerance, empathy, and understanding in marriage is essential. Schools, universities, and community centers can play a role in promoting these values, helping to create a culture where marriage is respected and valued. To engage with the community support networks is a one of the major aspects, whereas to establishing community-based support networks for couples can provide a platform for resolving conflicts before they escalate to Khula. These networks can offer counseling, mediation, and other resources to help couples work through their differences and maintain a healthy marriage. Another reality is, the media has a significant influence on societal norms and values. Promoting positive portrayals of marriage, highlighting the importance of compromise and mutual respect, and discouraging unrealistic expectations can help create a more supportive environment for marriages. At the end, on an emergency basis to step forward towards the legal reforms. While the right to Khula is an essential protection for women, legal reforms could include measures to encourage reconciliation before granting Khula. This could involve mandatory mediation sessions or a cooling-off period, allowing couples time to reconsider their decision and seek resolution.

As a senior family lawyer, I could say that the increase in Khula cases in Pakistan reflects broader social changes and challenges within the institution of marriage. While Khula is a vital right for women, addressing the underlying causes of its rise requires a multifaceted approach. By promoting education, strengthening family support, addressing domestic violence, and reinforcing Islamic values, we can work towards creating a society where marriages are more resilient, and the need for Khula is minimized. The goal is to foster a culture of tolerance, understanding, and respect that supports the stability and sanctity of marriage in Pakistan.

SJ Law Experts is a reputed law firm based in Islamabad, and has been providing professional legal services for divorce, Khula, child custody, guardianship, maintenance and dowry articles. For detailed information and legal advice do contact us.