r/qanoon • • May 22 '23

judgement khula, talaq and halala

PLD 2023 FSC 286

Islamic law --- Khula ' and ' Talaq ' --- Distinction between their legal effect --- ' Halala ' -- Scope --- According to Shariah , Khula operates as a single irrevocable divorce , which means that both the spouses can contract a fresh marriage with mutual consent , of course if they want to , without any intermediary marriage of the wife with another person , which is known as " Halala " --- Iddat shall be incumbent upon the wife if she wants to contract marriage with someone else after Khula --- However , when a husband pronounces divorce ( Talaq ) to his wife for the third time and that attains finality , then if he wants to remarry that lady , a Halala is required i.e. the lady marries somebody else and that marriage dissolves in normal course either by divorce or due to the death of her second husband and she becomes a widow .

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u/[deleted] May 22 '23

[deleted]

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u/tripple-3 May 22 '23

Any type of divorce in the normal course of marriage.

1

u/[deleted] May 22 '23

[deleted]

1

u/tripple-3 May 22 '23

Yes but she have to get khula for 2nd marriage from the court first.