How to Get Khula in Fiqh Jaferia:
In Fiqh Jafria, the wife requests her husband to give her a divorce. If the husband agrees to her request, then in the presence of two witnesses, both the husband and wife utter the words of talaq talaq talaq and then recite the sigas. After the sigas, the divorce is done, and the period of iddat starts, which is 90 days. During these 90 days, the husband and wife can rejoin. Khula in Shia Islam is not the same as the law. There is a difference between khula in Shia Islam and law.
Confirm with Your Lawyer:
When you ask your lawyer how to get khula in Fiqh Jafria, then you need to confirm with him if you are asking him a legal question or a religious question. The religious answer is given above, but let me inform you that legally, there is no such different procedure of divorce in Pakistan. As per the law, there is only one procedure of divorce and khula in Pakistan for all muslims. The law does not create a distinction between the Sunni and Shia Muslims. The law is the same for all the sects of Muslims. There is a difference between Shia talaq procedure in Islam and the Pakistani law. The shia talaq procedure in Islam and the law is different.
Basic Steps are Given Below:
HIRE A LAWYER:
In Pakistan, if a female needs a divorce, she has to file her case in the family court through a lawyer. The first step is to hire the services of a lawyer in Pakistan. You need to tell all the relevant details to your lawyer so that he can file your case in the family court.
PROVIDE RELEVANT DOCUMENTS:
Once you hire the services of a lawyer, you need to provide him with all the relevant documents so that he can file your case in court. If you don’t have the marriage certificate, you can still file the case, as the marriage certificate in Pakistan is optional to file the case. Still, if you don’t have any of the documents, tell your lawyer that he will find a way out for you.
NOTICES TO HUSBAND:
Once the case is filed in the court, it will send the notices to the husband. If the husband appears before the court, he will contest the case. If he does not appear before the court, the court will order ex parte evidence of the wife.
EVIDENCE:
Your lawyer will give evidence before the court and satisfy the judge that the grounds for divorce exist. Keep this thing in mind that every case that is filed before the court should be proved, so always hire the services of a competent lawyer so that he can prove your case in the court beyond any doubt.
ARGUMENTS:
Once the evidence is tendered before the court, it will give the next date for arguments. On the day of the arguments, your lawyer will satisfy the court that the grounds of divorce exist. If your lawyers satisfy the court, it will issue a decree for khula for you. This khula decree is the final order of the court.
SUBMIT KHULA DECREE FOR CERTIFICATE:
Once you have the khula decree from the court, you need to submit it before the union council, and after the iddat period, you will be issued the Nadra divorce certificate. This certification is the final paper and proof that you are now divorced.
NEXT MARRIAGE:
Once you have the divorce certificate, you can do a next marriage or a court marriage in Pakistan.