In a recent development, Indian tennis star Sania Mirza has reportedly initiated the Islamic procedure of “khula” to seek a divorce from her husband, Pakistani cricketer Shoaib Malik. The developments of the khula came to fore as the Pakistan cricket star tied knots with popular Pakistani actor Sana Javed. The decision to pursue khula, a process allowing Muslim women to initiate divorce, was confirmed by Mirza”s father.
Khula, in Islamic law, provides women the ability to seek a separation from their husbands, distinguishing it from the more commonly known method of divorce, talaq, where the initiation typically lies with the husband. The procedure is rooted in the Quranic verses found in Surah Al-Baqarah (2:229-230), which outline the steps for a woman to obtain a divorce.
The Quran verses go like this:
“Divorce can be pronounced twice: then, either honourable retention or kindly release should follow. (While dissolving the marriage tie) it is unlawful for you to take back anything of what you have given to your wives unless both fear that they may not be able to keep within the bounds set by Allah. Then, if they fear that they might not be able to keep within the bounds set by Allah, there is no blame upon them for what the wife might give away of her property to become released from the marriage tie. These are the bounds set by Allah; do not transgress them. Those of you who transgress the bounds set by Allah are indeed the wrong-doers.
Then, if he divorces her (for the third time, after having pronounced the divorce twice), she shall not be lawful to him unless she first takes another man for a husband, and he divorces her. There is no blame upon them if both of them return to one another thereafter, provided they think that they will be able to keep within the bounds set by Allah. These are the bounds of Allah which He makes clear to a people who have knowledge (of the consequences of violating those bounds).”
The khula process generally involves the wife offering financial compensation or relinquishing her financial rights in exchange for the divorce. While the husband may agree to the terms, in cases of refusal, an Islamic judge (qadi) can grant the khula if deemed valid.
It is crucial to note that the specifics of khula can vary across different Islamic legal traditions and schools of thought, and local laws and cultural practices may also influence its implementation.
The cricket star shared pictures of himself with his newly wedded wife on his Instagram handle, with caption “Alhamdulillah, And we created you in pairs”. The marriage came amidst the ongoing rumour about the Pakistani cricketer’s divorce with Sania Mirza, Indian Tennis player.