We often hear that a girl and a boy contracted oral Nikah but later on the guy leaves the girl on her own. In such like circumstances, the Nikah is Sharai as well as legal. It doesn't matter whether it is documented or not, registered or not.
The only reason for contracting marriages is to secure oneself from indulging in any illicit relationship. Further it gives protection of law to parties to the contract of Nikah. If parties enter into Oral Nikah, it is considered as a Legal and Sharai relationship.
In Islamic Law a Nikah can end only if :-
a. The Husband Divorces his wife
b. The wife takes Khula from Husband
c. Any of the parties die during the relationship
A woman can only take Khula from the Qazi. In Pakistani Legal System a Family Judge is equal to Qazi. So for taking Khula a wife has to approach the Family Court and follow its procedures.
Any Muslim Woman can take Khula from Pakistani Family Court if she can prove that she contracted Nikah with her husband and the same is intact for one reason or the other.
In cases of Oral Nikah, the marriage is not documented but it is still a marriage under Islamic Law. In such like circumstances a wife can approach the Family Court and obtain Khula from her husband by following the legal procedure. For more you can consult lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880
The only reason for contracting marriages is to secure oneself from indulging in any illicit relationship. Further it gives protection of law to parties to the contract of Nikah. If parties enter into Oral Nikah, it is considered as a Legal and Sharai relationship.
In Islamic Law a Nikah can end only if :-
a. The Husband Divorces his wife
b. The wife takes Khula from Husband
c. Any of the parties die during the relationship
A woman can only take Khula from the Qazi. In Pakistani Legal System a Family Judge is equal to Qazi. So for taking Khula a wife has to approach the Family Court and follow its procedures.
Any Muslim Woman can take Khula from Pakistani Family Court if she can prove that she contracted Nikah with her husband and the same is intact for one reason or the other.
In cases of Oral Nikah, the marriage is not documented but it is still a marriage under Islamic Law. In such like circumstances a wife can approach the Family Court and obtain Khula from her husband by following the legal procedure. For more you can consult lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880
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