What are the Sharia and legal procedures resulting from the aforementioned Khula agreement, and is the husband entitled to deprive the mother of her daughter's custody if she marries another man, and how long do Khula procedures take in court?
One of the most important objectives of marriage is to form a stable family, and this is achieved when both spouses know their rights. Reconciliation between spouses is preferable, especially if there are children, as divorce can scatter the family. If the continuation of the relationship becomes impossible, then divorce or khul' (dissolution of marriage initiated by the wife) may be a solution. A woman has the right to khul' with compensation if she dislikes her husband and fears she will not fulfill his rights. It is not permissible for the husband to take compensation if the harm was caused by him. The compensation for khul' is by mutual agreement, and some scholars have held that it should not exceed the mahr (dowry). It is not permissible for the husband to stipulate that she not marry after the divorce. The mother has a greater right to custody unless she remarries, and if she remarries, custody transfers to whoever is most deserving of the child. A ruler's judgment is not required for the validity of khul'.
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