Chicago – January 29, 2024
The sports fraternity was left shell-shocked when one of the most celebrated sports couples – Indian tennis sensation Sania Mirza and Pakistani cricketer Shoaib Malik parted ways.
On Saturday, Mirza’s father Imran told Indian Newspaper, that the tennis champion had given her husband a “khula” or a divorce. “It was a ‘khula’. I do not wish to comment beyond this,” he told the media.
On Sunday, the tennis star’s sister Anam issued a statement on the behalf of her sibling.
“Sania has always kept her personal life away from the public eyes. However, today the need has arisen for her to share that Shoaib and she have been divorced for a few months now. She wishes Shoaib well for his new journey ahead!At this sensitive period of her life, we would like to refrain from indulging in any speculation and to respect her need for privacy,” reads the post.
What Is Khula?
In Islam, ‘Khula’ (also known as ‘Khul’) refers to the right of the wife to initiate divorce proceedings.
A woman reserves the right to unilaterally divorce her husband, provided she returns the mahr or dower she received from him before the wedding. Most Islamic schools of law maintain that the husband is entitled to only the mahr, however, some interpret that this may also involve returning wedding gifts as well as any other expenses the husband may have incurred for her during the marriage.
Providing for Kids is responsibility of Father:
Divorce, however, does not absolve the husband from providing for his children. Moreover, the kids usually reside with their mother till they approach the age of seven (for boys) and puberty (for girls).
How Is Khula Different From Talaaq?
‘Talaaq’ refers to the husband’s right to divorce his wife in fiqh (Islamic Sharia Law). He can speak about his wish for a divorce or submit it in the form of a letter. However, the couple has to undergo a trial period to see if they can repair their marriage. If they fail to do so, the divorce is finalised.
Khula procedure is similar in both India and Pakistan:
The wife initiates the Khula process by sending a notice to her husband stating her desire to dissolve the marriage.
The husband may agree or disagree with the notice. If he agrees, the Khula is granted, and the wife is required to return the dower or give up some of her rights.
If the husband disagrees, the wife may file a petition for Khula in the family court. The petition must state the grounds for seeking the Khula and provide evidence to support the grounds.
The court will attempt to reconcile the couple through counselling or mediation. If reconciliation is not possible, the court will grant the Khula and specify the terms and conditions of the divorce, including the amount of compensation to be paid to the wife.
Once the Khula is granted, the wife must return the dower or give up some of her rights as compensation for the dissolution of the marriage.
Sania Mirza has fulfilled all the procesures of Khula and the couple’s separation was finalised a couple of months ago.
