Court exceeding limits, AIMPLB Gen. Secretary on Kerala HC’s decision on Khula

Reacting to the Kerala High Court judgment on Khula, AIMPLB General Secretary, Maulana Khalid Saifullah Rahmani said, ” the court’s decision went beyond the interpretation of the law,” he further said “this is beyond the jurisdiction of the court.”

The Kerela High Court on Tuesday reiterated its declaration that Muslim women have the right to resort to the extra-judicial divorce of ‘khula’ unilaterally. A division bench of the Kerela High court said, Muslim women, have the absolute right to give khula without the consent of their husband.

Maulana Rahmani in a statement released by Dr. Muhammad Waqaruddin Latifi, Office Secretary said, that it “is the duty of the court to interpret what is stated in Sharia Application Act 144, apply the matter which arises, not to act on its behalf”

The statement said that there are only three types of divorce, the first being Divorce (talaq) which is authorised only to a man, the second, khula, which is based on a mutual agreement between both husband and wife, the third is the annulment of nikah, which done by a court.

The statement further said that that the women’s unilateral or one-sided divorce or Khula is not in line with Quran and Hadith, Ulemas and jurists.

He said that the “court is exceeding its limits and jurisdiction, and even saying that the interpretation of jurists is not credible in this regard”. He said that the opinion of law experts against the opinion of religious commentators and interpreters will not be accepted and the decision by the Kerela High court is “unacceptable and painful for Muslims”. The AIMPLB will soon appeal this decision in the Supreme Court.

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