Re: how is divorce law fair in islam
Obviously, if a girl wants khula on basis of excuses or allegations then she has to prove that in court. That is why i wrote that such divorces get contested and due to contest (where husband claims that allegations are wrong) compromises are made where girls may be required to pay mahr or part of it just to get Khula.
If it was straight forward Khula, where girls pays her mahr and ends her marriage, that should not be problem, as such khula could not get contested. This is mentioned in well known hadith:
From Hadith (Bukhari): Khula without reason: Narrated Ibn 'Abbas: The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Messenger of Allah! I do not blame Thabit for any defects in his character or his religious commitments, but I cannot endure to live with him … or that I am afraid that I may become unthankful for Allah’s Blessings. “On that, prophet (SAW) said (to her), 'Will you return his garden to him?”. She said, “Yes.” So she returned his garden to him and the Prophet told him to divorce her.
[Note: ‘I am afraid I may become unthankful for Allah’s Blessings’ … As she did not liked her husband (she could not endure him), she was unable to fulfil duties to her husband as what Allah wants wife to do (give him company and be available to him), hence she was afraid she may become unthankful for Allah’s blessing]
Above hadith shows that a woman needs no genuine reason to ask for Khula as long as she is willing to return Mahr given to her. Obvious alternative would be asking for Khula having genuine reasons, and this would happen when she is unwilling to return Mahr (thus making Khula treated as Talaq), though when contested she might be required to pay Mahr or part of it (depending on proofs and judgment in court).
First right over kids means: Child belongs to husband if a woman was his wife when child was conceived.