THE EXPERIENCE OF LEGAL CULTURE OF THE PEOPLES OF RUSSIA: THE INSTITUTION OF KHUL’ IN MUSLIM LAW

Author(s): Lunev Yu.F.

Rubric: Specific issues of law and law enforcement

DOI: 10.21777/2587-9472-2025-4-74-79

Release: 2025-4 (48)

Pages: 74-79

Keywords: Sharia, Nikah, Mahr, talaq, khul’, Mubarat, Faskh, madzara, Hanafi madhhab

Annotation: Marital relations have a special place in all legal systems because they are directly related to other sections of civil law: inheritance, property and obligations. In Islam, the doctrine of faith is a fundamental part of Muslim law (Sharia), and starting a family and raising children is considered a sacred duty of the faithful, established by Allah. According to Muslim law, the wife’s legal capacity to terminate a marriage is significantly lower than that of her husband, and her legal capacity is limited to three ways of breaking up family relations, in which she can either initiate the procedure for breaking up a marriage or support the initiative taken by her husband. The article considers one of the ways to terminate a marriage in the Muslim legal system, the specificity of which is a woman’s right to initiative in the divorce process. The necessary conditions for the release of a wife from her husband’s power by committing khul’, the order and procedure of the parties’ actions and their consequences are analyzed. The sources of Muslim law regulating the agreement of the parties on the termination of marriage contractual relations are given. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Lunev Yu.F. THE EXPERIENCE OF LEGAL CULTURE OF THE PEOPLES OF RUSSIA: THE INSTITUTION OF KHUL’ IN MUSLIM LAW // Journal of Legal Sciences. – 2025. – № 4 (48). – С. 74-79. doi: 10.21777/2587-9472-2025-4-74-79