Thursday, 18 September 2014

The difference between giving divorce and taking divorce

Divorce means the end of relationship between husband and wife. According to Muslim Family laws there are two modes of divorce. One way is the giving of divorce by the husband while the other is the taking of divorce by the wife. Similarly there are two different terms used for these two different concepts. When husband gives divorce its called talaq while when the wife takes it, its called khula.

According to Islam the husband has the right to give divorce. When husband pronounces divorce, the iddat of wife starts. The divorce becomes final in a period of 90 days if its not reconciled.

On the other hand, mere pronouncement of divorce is nothing in the case of wife. The wife cannot take khula on her own. She has to approach the Qazi (family judge) and after due process of the law, she gets divorce. The process of divorce by wife is more time taking and complicated in comparison with the process of divorce given by the husband.

Divorce is Halal and permitted in Islam but it is not liked by Allah. That is why it is duty of muslims to try to reconcile marriages whenever any divorce is about to happen. We prefer reconciliation in legal practice over divorce. If you have any divorce related query, feel free to contact us at

Salman Yousaf Khan
International Family Lawyer

1 comment:

  1. Thanks for providing such a clear explanation! Divorce legal issues vary from case to case and the laws governing them differ greatly. How do you think is it possible to cope with divorce on your own? Or a legal adviser/lawyer is a must in such cases?


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Salman Yousaf Khan
International Lawyer