KHULA (DIVORCE AT THE INSTANCE OF WIFE) IN PAKISTAN: A CRITICAL EXAMINATION OF THE LAW AND PRACTICE

Abstract

This research critically examines the legal framework and practical application of Khula—the right of a woman to initiate divorce—in Pakistan. Rooted in Islamic jurisprudence and codified under Pakistani family laws, Khula represents a significant mechanism for women to seek dissolution of marriage in cases where cohabitation becomes untenable. Despite its legal recognition, the practice of Khula faces multiple challenges including procedural hurdles, judicial discretion, social stigmatization, and patriarchal interpretations that often undermine women's autonomy. This study explores the statutory provisions under the Dissolution of Muslim Marriages Act, 1939, and their judicial interpretation by Pakistani courts. It evaluates how the courts balance Islamic principles with constitutional guarantees of gender equality and human dignity. Furthermore, the paper investigates the socio-cultural barriers that hinder the effective exercise of this right by women, particularly in rural and conservative communities. Drawing on case law, interviews with legal practitioners, and analysis of relevant legal texts, the study identifies critical gaps between the law and its practice. It concludes with recommendations for legal reform and public awareness initiatives to ensure that Khula functions as a genuinely accessible and equitable remedy for women in Pakistan.

Keywords: Khula, Islamic family law, women’s rights, divorce in Pakistan, gender justice.