On January 20, Shoaib Malik announced on social media that he had entered into his third marriage with the well-known Pakistani actress Sana Javed, thereby confirming the end of his marriage with Indian tennis legend Sania Mirza. Initially, the details surrounding their divorce were unclear, but subsequent information shed light on the matter.
A family source informed PTI that Sania Mirza had initiated the divorce, specifically through a process known as ‘khula.’ The source chose not to elaborate further on the situation. Reports from Pakistani publication Geo TV indicated that the divorce proceedings had commenced in late 2022, citing sources that claimed Sania had become unhappy with Shoaib Malik’s interactions with other women. Despite her initial tolerance, the acclaimed Indian tennis player eventually decided to take the step of seeking a divorce.
Geo TV also reported that Shoaib Malik’s family expressed deep sadness over the divorce, leading them to abstain from attending his subsequent wedding.
In Islamic law, ‘Talaq’ and ‘Khula’ are two distinct methods of obtaining a divorce. While both ultimately result in the dissolution of marriage, they differ in terms of the initiation and procedures involved.
What is Khula?
‘Khula’ is an Islamic practice that grants Muslim women the right to unilaterally separate from their husbands. This practice aims to protect women’s rights within the framework of Islamic law. It involves the wife initiating the divorce by formally requesting it from the court and providing a valid reason, such as incompatibility, abuse, or neglect. ‘Khula’ may also include the wife returning the ‘Mehr’ (financial settlement) or making a financial arrangement with her husband in exchange for the termination of the marriage.
Post-separation, the husband assumes responsibility for the education and financial support of the children, who typically reside with their mother until they reach the age of ‘Hizanat’ – seven years for sons and until puberty for daughters.
How does ‘Khula’ differ from ‘Talaq’?
‘Talaq’ is the initiation of divorce by the man. Under Muslim law, once a man declares ‘Talaq,’ it immediately terminates the marriage. The husband can initiate a divorce at his discretion, with or without cause, without following any specific procedure. Following ‘Talaq,’ the husband is obligated to repay the wife’s dower and any property owned by her.
A wife may seek ‘Khula’ in various situations, such as abuse, irreconcilable differences, or financial neglect by the husband. She may also initiate the process due to the husband’s prolonged absence or for personal reasons like emotional dissatisfaction or differing life goals.
Shoaib and Sania’s Marriage Journey
Shoaib Malik and Sania Mirza, who tied the knot in Hyderabad in April 2010, faced rumors about the state of their marriage in recent years. The couple, who used to reside in Dubai, had become less visible together. They welcomed their son, Izhaan Mirza Malik, in 2018.
