Apex court to examine Muslim women's right to unilateral divorce, Pg9

Key Highlights:

• The Supreme Court will examine if a Muslim woman can divorce her husband unilaterally through 'khula'.
• The hearing is scheduled for April 22.
• The decision arises from an appeal against a Kerala High Court judgement from October 28, 2022, which upheld this right.
• The court has appointed Advocate Shoeb Alam to assist, given the matter concerns Muslim personal law.

Detailed Insights:

• The Kerala High Court's 2022 judgement affirmed a Muslim woman's right to 'khula', a form of divorce without the husband's consent.
• This High Court decision was a review of an earlier ruling on April 9, 2021, also upholding the right to divorce via 'khula'.
• The High Court stated that 'khula' is recognized in the Quran, granting women a divorce right similar to 'talaq' for men.
• The Supreme Court's examination will clarify the legal position of unilateral divorce for Muslim women under personal law.

Key Concepts Involved:

• Khula: A form of divorce in Islam initiated by the wife, requiring her to return the 'mahr' (dowry) to the husband.
• Talaq: A form of divorce in Islam initiated by the husband by pronouncing the word 'talaq' (divorce).
• Muslim Personal Law: A set of laws derived from the Quran and Sunnah that govern aspects of life for Muslims, including marriage, divorce, and inheritance.