Law firms and khula procedure:
If you want to conduct khula procedure from law firms, you can contact Nazia Law Associates. In such a case, the wife has the right to some relief. Under the Hanafi law, the wife is entitled to seek a court order to stop the husband from committing these unlawful actions; however, she is in no position to obtain a divorce order based on this solely.
Maliki Law:
In contrast for khula procedure from law firms, according to the Maliki law, the wife has the right to seek an order dissolving their marriage as a result of the husband’s assaults, beatings, and abuse. Therefore, in the case when the abuse causes grave harm to the wife and causes her life miserable, the wife may seek an annulment after proving her claim.
Hanafi Madhhab:
“The Hanafi madhhab is that the husband who is causing harm to his wife, for instance, by beating her severely, is able to stop her from engaging in such behavior through an Order of Court. The wife can seek such an Order. However, the opposite of the Maliki Madhhab states in the sense that the spouse is under such conditions, legally entitled to the Court Order on khula procedure from law firms dissolving her marriage 53 BREACH OF OBLIGATION TO MAINTAIN For maintenance cases, there are two instances that are to be separated: I) in which the husband is utterly incapable of supporting his wife due to the poverty and inability to pay; and II) where the husband is of enough money and resources to support his wife. However, because of his indignation or different reasons, he is unwilling to support her.
Law Firm:
In both cases for khula procedure from law firms, there was no specific law of the Hanafi law that would allow the dissolution of the union. The Hanafi jurists have therefore accepted the provisions of Maliki as well as the Shafi’i law that provide the following dissolution options: (a) If the husband is unable to provide for the wife ((I) previously), The judge or judicial panel will, upon a shred of proper evidence for the spouse’s failure to keep her in good health, as presented from the spouse, an order to the husband to meet his obligation to continue to support his wife within a specific time frame and, if he fails, the judge or judicial committee will dissolve the marriage by khula procedure from law firms. There’s a conflict between the two sides regarding the length of time to be set for the husband; however, it is suggested that this will be contingent on the particular circumstances of the situation.
Islamic View:
Umar ibn al-Khattab (R.A) ordered that a time of one year should be set for unfaithful husbands. 51 The wife loses the right to seek the dissolution of her marriage under the following situations: If she was aware of her husband’s weakness prior to marriage and, in spite of that, the fact that she had married him when she explicitly agreed to be married to her husband after having been informed of his inability.
