Does anyone know an easy way of obtaining a Khula when my spouse is in Pakistan and I am in Canada? Can I get it from a Masjid here? I tried contacting a few lawyers in Pakistan but they are asking for over 1 lakh in fees to do everything on my behalf. Is there an easier and more reasonably priced way of obtaining Khula without having to travel?
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why can't you ask your husband to divorce you instead? is your marriage registered in Canada? if yes, then you have to get the divorce thru court system.
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My husband will not divorce me. I think it's only registered in Pakistan. I applied for his immigration but I never registered myself as married anywhere. I was hoping some religious authority here could help me?
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Here as in Canada
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no one knows the correct procedure to obtain a khula here?
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Peace ayre,
Do you know anyone in Pakistan who can follow your case on your behalf? if 'yes' than make 'authority or General power of attorney', get it attested from Pakistan embassy/consulate within Canada and from concern department (if required). Send the original document to that person living in Pakistan and let him fill the case about khula on behalf of you.
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I don't know anyone in Pakistan. In Islam Khula can be granted by a religious authority right? Or does it have to be through court? I was hoping I could get it done here because it is more of an Islamic concept than a legal one.
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Yes! any sharia department within country can grant 'khula'. If there is any Islmaic institution in Canada than try from there or check if the embassy can help you in that case.
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Yeah we see the error psyah, and it's not funny.
We have ISNA here. I wonder if they can help in this situation.
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That’s funny 
really funny 
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I find things like that very funny … I’m a big baby you see … 
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if you live in Canada, the Canadian Court System does NOT recognize your marriage and there is NO provision of Kholaa~ in Canadian Judicial System...ALL divorces are supposed to be granted through Court...as you never registered your marriage here...this is legal view in Canada...an Islamic Court [in Pakistan] has the authority to grant you a Khula verdict and it's a legal issue that you can take up better in Paksitan.
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Well for me the situation is quite serious so I don't feel the least bit amused.
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If the marriage isn't legal here then how come I was allowed to apply for his sponsorship as a spouse? I am sure as soon as I applied I became legally married in the eyes of law here.
I want Khula because that seems to be the easiest way out of this. I don't have anyone in Pakistan who can help me. As for paying some lawyer I found off the internet, what's the guarantee that they would do it properly? I don't want to live in sin for the rest of my days believing I am free to marry elsewhere when I really am not. I cannot travel there myself. I am looking for a way to religiously dissolve the marriage here and I feel Khula is the perfect way. Legalities in Pakistan can be dealt with later. It's not like I am going there anytime soon.
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If the marriage isn't legal here then how come I was allowed to apply for his sponsorship as a spouse? I am sure as soon as I applied I became legally married in the eyes of law here.
I want Khula because that seems to be the easiest way out of this. I don't have anyone in Pakistan who can help me. As for paying some lawyer I found off the internet, what's the guarantee that they would do it properly? I don't want to live in sin for the rest of my days believing I am free to marry elsewhere when I really am not. I cannot travel there myself. I am looking for a way to religiously dissolve the marriage here and I feel Khula is the perfect way. Legalities in Pakistan can be dealt with later. It's not like I am going there anytime soon.
was your application processed? didn't they at any point ask for marriage certificate?
i think you shouldn't be seeking sound legal and/or religious advice on GS because none of us are practicing lawyers in the country of Canada and also there is no mufti here...the best option for you would be asking for Khula in Pakistan and you better seek legal advice through their court system.
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Here's the thing.
I have been doing my research for quite a while. Yes I submitted my nikah nama and an English translation. The case has not processed yet. They asked for re medical last month so it's now or never. I have asked him to help me but he said he will not give a divorce. I contacted a few lawyers in Pakistan. One asked for over 1 lakh rupees just to file for Khula. He said they would take care of all the paperwork. Another suggested that I file a case on him for not paying Haq Meher? I don't want any money from him. A few others made such grammatical and spelling errors that I didn't feel safe allowing myself to trust them with such an important issue. I don't want to pay a huge sum of money to someone just like this. I thought it was a woman's right in Islam to take Khula then why do we have to go through so much trouble just to get it? Should it be as simple as going to a Mufti or Imam and getting them to recognize the separation?
Re: Khula
Here's the thing. I have been doing my research for quite a while. Yes I submitted my nikah nama and an English translation. The case has not processed yet. They asked for re medical last month so it's now or never. I have asked him to help me but he said he will not give a divorce. I contacted a few lawyers in Pakistan. One asked for over 1 lakh rupees just to file for Khula. He said they would take care of all the paperwork. Another suggested that I file a case on him for not paying Haq Meher? I don't want any money from him. A few others made such grammatical and spelling errors that I didn't feel safe allowing myself to trust them with such an important issue. I don't want to pay a huge sum of money to someone just like this. I thought it was a woman's right in Islam to take Khula then why do we have to go through so much trouble just to get it? Should it be as simple as going to a Mufti or Imam and getting them to recognize the separation?
Peace ayre
I'm sorry ... I didn't mean to jest at the expense of your thread. You are right ... Khula should be easier than what you are currently experiencing. First of all stop all the applications you have made regarding the spouse visa, etc ...
If there is anything in the process of getting approved, resulting from a married situation cause a stop to this first.
Next ... You need to be prepared to voice your full opinion on the reasons of the divorce. Don't follow the template reasons just so you can expedite divorce. You will also need to show that you have tried to save your marriage first.
A judge may rule the marriage null and void, but your husband has to be there to receive this testimony ... Or at least it has to be issued in writing to him I think.
Shaykh Abdur-Razzak ... He is based in Canada ... He might be ale to help ... Speak to Afshi ... She is a member here ...send her a private message to see if she can arrange you to visit The Shaykh to explain your predicament to him.
Re: Khula
Here's the thing.
I have been doing my research for quite a while. Yes I submitted my nikah nama and an English translation. The case has not processed yet. They asked for re medical last month so it's now or never. I have asked him to help me but he said he will not give a divorce. I contacted a few lawyers in Pakistan. One asked for over 1 lakh rupees just to file for Khula. He said they would take care of all the paperwork. Another suggested that I file a case on him for not paying Haq Meher? I don't want any money from him. A few others made such grammatical and spelling errors that I didn't feel safe allowing myself to trust them with such an important issue. I don't want to pay a huge sum of money to someone just like this. I thought it was a woman's right in Islam to take Khula then why do we have to go through so much trouble just to get it? Should it be as simple as going to a Mufti or Imam and getting them to recognize the separation?
Rs 1 lakh is just $1050 Canadian dollar and it can't be any cheaper anywhere else for that matter...so, go for it! make sure u don't hire any unscrupulous lawyer in your town back home. divorce is a mess no matter where you try to get it! Good Luck and may Allah help you...aameen
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Peace KKF
But there's a risk to pay and not get the divorce. She will need to seek lawyers who will only charge for a positive outcome. Like a no win no fee basis for divorce filing. Otherwise, she can also seek a basis for payment, by going through a banking intermediary. That they will not release the funds until she gets the papers through them. She needs to mitigate her risks.