Linguistik

Divorce and the law of <i>Khul</i>: A type of no fault divorce found within an Islamic legal framework

“…And lastly, where there is breach of contract the wife may claim a divorce. 114 The argument is that since marriage is regarded as a contract within Islam, any breach of its provisions could result in a valid ground for divorce. To illustrate this type of divorce by way of an example, a Muslim couple could insert a stipulation in the marital contract that says the husband may not take another wife.…”

“…Upon his marriage to the second woman, the first wife has grounds for a divorce. 115 In addition to the abovementioned, a wife may divorce her husband by way of khul. This type of divorce is at the behest of the wife.…”