Read the extracts of leading judicial pronouncement and answer the questions below:

1. What is bad in theology was once good in law but after Shariat has been declared as the personal law, whether what is Quranically wrong can be legally right is the issue to be considered in this case. Therefore, the simple question that needs to be answered in this case is only whether triple talaq has any legal sanctity. That is no more res integra. This Court in [1] has held, though not in so many words, that triple talaq lacks legal sanctity. Therefore, in terms of Article 141 [1] is the law that is applicable in India.

2. Having said that, I shall also make an independent endeavour to explain the legal position in [1] and lay down the law explicitly.

3. [2] was enacted to put an end to the unholy, oppressive and discriminatory customs and usages in the Muslim community. Section 2 is most relevant in the face of the present controversy.

Application of Personal law to Muslims. - Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be Muslim Personal Law (Shariat).

Question 109

What is the meaning of ‗Khula‘ in the above passage?

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