In a lengthy 13-page decision, Justice Dr. Syed Muhammad Anwer ruled that a wife can obtain this right by declaring in court that she is no longer able to live with her husband as his wife “within the prescribed limits set by the Almighty Allah as a reason for dissolution of marriage” and by demonstrating her willingness to return the Mehar (dower) to her husband. The order said that this right of women cannot be denied by the court of law.
Two legal inquiries were overseen by the FSC, which was presided over by Chief Justice Iqbal Hameed ur Rehman. The first, evaluating whether the Islamic concept of Khula accords women an unrestricted right and identifying the requirements for gaining it. The second: determining if a judge may grant a wife’s plea for Khula when her husband won’t.
The judgment noted that it is the fundamental right of a woman according to the injunctions of Islam as laid down in the Holy Quran and Sunnah to claim a decree for dissolution of marriage from the court of law, which cannot be denied. “Secondly, to seek a decree of dissolution of marriage on the basis of Khula from the court of law, levelling of any allegation of maltreatment or mistreatment and misbehavior is not at all necessary.”
The decision highlighted that in order for the court to act on a wife’s request to divorce, it was sufficient for a wife to state that she dislikes her husband to the extent that she cannot live with him as his wife as per the parameters set by Quran and Sunnah.