In Islamic law, 'Talaaq' and 'Khula' are two ways to get a divorce.
Former Pakistani captain Shoaib Malik stunned his fans after he announced on Saturday that he had tied the knot with Pakistani actress Sana Javed. The cricketer who was previously married to Indian tennis star, Sania Mirza, with whom he has a son, released a photograph on a social media platform with his new wife, with the words "And We created you in pairs".
The confirmation of the wedding came amid frenzied rumours of separation from the Indian tennis star. Now as per reports, the two are officially separated and it was a 'Khula'. A family source revealed to PTI that it was Sania Mirza who had filed for a divorce. Her father was quoted as saying that her daughter opted for 'Khula' and divorced Mr Malik.
What is Khula?
In Islamic law, 'Talaq' and 'Khula' are two ways to get a divorce. 'Talaq' and 'Khula' ultimately lead to the dissolution of marriage, but they differ in their proceedings and initiation.
'Khula' is an Islamic practice that refers to the right of a Muslim woman to unilaterally separate from her husband. It aims to safeguard women's rights and protect them within the framework of Islamic law. It involves the wife initiating the divorce by requesting it from the court and providing a valid reason for seeking it, such as incompatibility, abuse, or neglect. It may also involve a woman returning 'Mehr' or making financial settlement to her husband in exchange for the dissolution of the marriage.
After the separation, the husband bears the responsibility for providing education and financial support for the children. The children generally reside with their mother until they reach the age of 'Hizanat'. For sons, it is seven years, and for daughters, it is until they reach puberty.
How is it different from a Talaq?
'Talaq' is when the man initiates a divorce. Under Muslim law, once a man has spoken it, it immediately ends his marriage. A divorce by 'Talaq' can only be initiated by the husband at his pleasure with or without cause and he does not have to follow any procedure. After giving 'talaq', the husband is bound to repay the wife's dower and any property belonging to her.
Shoaib And Sania's Marriage
Shoaib Malik and Sania Mirza got married in the Indian player's hometown Hyderabad in April 2010 and they used to live in Dubai. They welcomed their son, Izhaan Mirza Malik, in 2018. However, over the past couple of years, strong rumours had emerged, suggesting that the couple's marriage is in trouble. They had rarely been seen together in the last couple of years.
Addressing the rumours, Mr. Malik had suggested last year that their marriage is still strong, addressing Sania as his 'wife'. But, two months earlier, reports about their divorce emerged.
A few days back, Sania Mirza had shared a cryptic story on Instagram. She had captioned the post, saying: "Divorce is hard".