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 an Islamic practice that grants Muslim women the right to unilaterally separate from their husbands. This practice, designed to protect women’s rights within Islamic law, involves the wife formally requesting a divorce from the court, providing a valid reason such as incompatibility, abuse, or neglect. ‘Khula’ may also involve financial arrangements or the return of the ‘Mehr’ (financial settlement).
Post-Separation Responsibilities
After a ‘khula’ separation, the husband takes on the responsibility for the education and financial support of the children. Typically, the children reside with their mother until they reach the age of ‘Hizanat.’ This age is seven years for sons and until puberty for daughters.
Talaq: The Man’s Initiative
‘Talaq,’ on the other hand, is the man’s initiation of divorce. Once declared, ‘Talaq’ immediately terminates the marriage without following any specific procedure. The husband is obligated to repay the wife’s dower and any property owned by her.
Reasons for Seeking Khula
A wife may seek ‘khula’ for various reasons, such as abuse, irreconcilable differences, and financial neglect. She may also initiate the process due to the prolonged absence of the husband or personal reasons like emotional dissatisfaction or differing life goals.
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Shoaib and Sania’s Marriage Journey
Shoaib Malik and Sania Mirza, who tied the knot in Hyderabad in April 2010, confronted persistent rumors about the state of their marriage. The couple, once residing in Dubai, became less visible together over the years. They welcomed their son, Izhaan Mirza Malik, in 2018.
