Sania Mirza’s divorce from Shoaib Malik: Talaaq vs Khula, what’s the difference?

Sania Mirza’s divorce from Shoaib Malik: Talaaq vs Khula, what’s the difference?

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  • January 21, 2024
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Shoaib Malik revealed through a social media post on January 20 that he had married well-known Pakistani actress Sana Javed. This was his third marriage. The announcement put an end to the speculations about his split from Sania Mirza. Even though it was initially unclear if Malik and the Indian tennis legend were divorced, there was more clarity later on.

A family source revealed to PTI that it was Sania Mirza who had filed for a divorce. “It was a ‘khula’. I do not wish to comment beyond this,” said the source.

Pakistani publication Geo TV earlier reported that the divorce proceeding had started as early as late 2022. It cited sources to reveal that Sania had been unhappy with Malik meeting other women. While she had been ignoring it for a while, the finest women’s tennis player India has ever produced lost her patience with her husband and took the step.

The Pakistani publication also revealed that Shoaib Malik’s family was “very sad” with the divorce. Therefore, they did not attend his wedding.

Talaaq vs Khula in Islam

In Islamic law, Talaaq and Khula are two ways to get a divorce, but they start differently.

In Talaaq, the husband decides to divorce. He tells his wife he wants a divorce, either by speaking or writing. Then, there’s a waiting time called ‘iddah’ to see if they can fix things. If they can’t, the divorce is final after this time.

In Khula, on the contrary, the wife takes the initiative for a divorce. Usually, she gives back her dowry or wedding gifts. Like Talaaq, there’s a waiting time, but here it’s more about the wife wanting to leave.

A wife may seek Khula in various situations. Abuse or neglect, irreconcilable marital differences, or financial neglect by the husband can be some of the reasons. She may ask for a divorce if the husband is absent for a prolonged period. Additionally, she may also initiate the process for personal reasons such as emotional dissatisfaction or differing life goals.

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Published: 21 Jan 2024, 08:08 AM IST

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