In a recent announcement, Indian tennis sensation Sania Mirza confirmed her divorce from Pakistani cricketer Shoaib Malik, shedding light on the intricacies of Islamic divorce procedures. This revelation comes amidst Shoaib Malik’s confirmation of his marriage to Pakistani actress Sana Javed. Delving into the realm of Islamic law, Sania Mirza initiated the divorce through the ‘khula’ process, sparking curiosity about the differences between ‘Talaq’ and ‘Khula.’ As we unravel the details of this high-profile separation, we explore the legal nuances and the journey of Shoaib Malik and Sania Mirza’s marriage. Sania Mirza and Shoaib Malik’s Divorce: Navigating the Islamic Legal Landscape Confirmation of Divorce On January 20, Shoaib Malik took to social media to confirm his third marriage to Pakistani actress Sana Javed, officially marking the end of his marriage with Indian tennis legend Sania Mirza. The divorce initiated by Sania Mirza was carried out through the Islamic process known as ‘khula.’ The Divorce Process Unveiled According to a family source that informed PTI, Sania Mirza initiated the divorce proceedings through the ‘khula’ process, choosing not to disclose further details. Reports from Geo TV in Pakistan suggested that the divorce process began in late 2022, with Sania reportedly becoming unhappy with Shoaib Malik’s interactions with other women. Understanding ‘Talaq’ and ‘Khula’ in Islam In Islamic law, ‘Talaq’ and ‘Khula’ represent two distinct methods of obtaining a divorce. Although both lead to the dissolution of marriage, they differ significantly in terms of initiation and procedures. Khula: Empowering Muslim Women ‘Khula’ is […]
News Tags: Muslim Personal Law
CHENNAI: The Madras high court advised Muslim women seeking legally legitimate “Khula (divorce)” to contact only family courts, saying that Shariat councils are neither courts nor arbitrators of disputes authorised to pronounce on annulment of marriage. “While it is permissible for a Muslim woman to exercise her inalienable rights to dissolve the marriage by ‘Khula,’ as recognised under the Muslim Personal Law (Shariat Application Act), it can only be done by approaching a family court,” Justice C. Saravanan ruled in 2017, nullifying a Khula certificate issued by a Shariat council. The judge instructed the petitioner’s wife to seek a Khula, or legal dissolution of her marriage, through the Tamil Nadu Legal Services Authority or a family court. Even under customary law, “a self-declared body comprising of a few members of Jamath” cannot issue a certificate of annulment of marriage, according to Justice Saravanan. The spouse had stated in his appeal that “extra-judicial rulings such as a fatwa or a Khula certificate” had no legal standing and could not be carried out by any person or “private” organisation. The local Shariat council opposed the claim, arguing that because the Kerala High Court had allowed the practice in a related case, the husband’s appeal could not be upheld. The Kerala High Court’s decision, according to Justice Saravanan, “upheld solely the Muslim woman’s right to unilateral divorce through Khula, but has not endorsed the involvement of private organisations like the Shariat council,” rejecting the argument. He declared that “private bodies like the Shariat […]
