Islamic right of Women in Separation:
ISLAMIC RIGHTS OF WOMEN IN SEPARATION: There are many Islamic rights of women in separation. Some of the females mix with separation or divorce. Divorce and separation are not the same thing. Muslim women don’t need any separation orders from the court to file a case of khula in Pakistan. If a female wants to file a case of khula, she can directly file it instead of obtaining the separation orders from the court. The non-Muslim females need the separation orders from the court to file the divorce case in the next step. There are certain Islamic rights of women in separation as follows.
Ø RIGHT TO TAKE KHULA:
If the female is living separately from the husband and she does not want to continue with the relationship, she has the right to take khula from the husband. For a Muslim woman, the separation is not a necessary requirement, unlike for some non-Muslim females. Separation from a husband is a general ground for non-Muslim females to seek a divorce in Pakistan. A Muslim female can take khula on other grounds as provided by the law.
Ø RIGHT TO PARTIAL DOWER AMOUNT:
In khula, the wife also has the right to a partial dower amount as mentioned in the marriage certificate in Pakistan. The dower amount is fixed at the time of marriage and is mentioned in the marriage certificate. This dower amount is to be paid by the husband to the wife in case the husband gives a divorce. In khula, the female has to leave a part of her dower amount, but she is entitled to the partial dower amount even if the divorce is initiated by the female.
Ø CHILD CUSTODY:
In case of divorce initiated by the female, the wife still has the preferential right on the issue of child custody in Pakistan. Divorce and child custody are two different things. The wife does not get restricted from obtaining the child custody only for the reason that she took a divorce from the husband. In fact, the mother has the priority right in the case of child custody.
Ø RIGHT TO DO NEXT MARRIAGE:
After the divorce, the female has the right to do the next marriage or court marriage in Pakistan. She can marry anyone of her choice when the divorce is finalized.
Ø RIGHT TO REMARRY WITH SAME HUSBAND:
The female, after the divorce, also has the right to marry the same husband from whom she took a divorce. The law of Pakistan gives her the right that if she wants to join the previous husband, she can. To rejoin, she has to marry her previous husband again, and in this case, there will be a new marriage certificate with a new dower amount.
Ø MAINTENANCE:
The wife, even if she takes khula from her husband, is entitled to the maintenance amount from the husband till the period of iddat. The iddat period is 90 days, and she can get this maintenance amount even for the period of 90 days after the divorce.
For details, you may contact our law firm in Pakistan.