Sania Mirza confirms divorce with Shoaib Malik: the difference between Talaq and Khula in Islam

On January 20, Shoaib Malik announced on social media that he has entered into his third marriage with well-known Pakistani actress Sana Javed, thus confirming the end of his marriage to Indian tennis legend Sania Mirza. At first, 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 on the situation. Reports from Pakistani publication Geo TV suggested that divorce proceedings had begun in late 2022, citing sources who claimed that Sania was unhappy with Shoaib Malik’s interactions with other women. Despite the initial tolerance, the renowned Indian tennis player finally decided to pursue a divorce.

In Islamic law, “Talaq” and “Khula” are two different methods to achieve divorce. Although both ultimately lead to the dissolution of a marriage, they differ in terms of initiation and related procedures.

What is Khula?

“Khula” is an Islamic practice that gives Muslim women the right to unilaterally separate from their husbands. This practice aims to protect women’s rights under Islamic law. It involves the wife initiating the divorce by formally applying to the court and providing a valid reason such as incompatibility, abuse or neglect. “Khula” can also include a wife returning “Mehr” (financial settlement) or entering into a financial settlement with her husband in exchange for ending the marriage.

After separation, the husband takes responsibility for the education and financial support of the children, who usually live with their mother until the age of ‘Hizanat’ – seven years for sons and puberty for daughters.

How is ‘Khula’ different from ‘Talaq’?

“Talaq” is the initiation of divorce by a man. According to Muslim law, once a man pronounces ‘Talaq’, it immediately ends the marriage. A husband can initiate a divorce at his discretion, with or without cause, without following a specific procedure. After ‘Talaq’, the husband is obliged to repay the wife with her dowry and all the property she owns.

A wife may seek ‘Khula’ in various situations such as abuse, irreconcilable differences or financial neglect by her husband. She may also initiate the process because of her husband’s long-term absence or for personal reasons such as emotional dissatisfaction or different life goals.

Shoaib and Sania’s marriage journey

Shoaib Malik and Sania Mirza, who tied the knot in Hyderabad in April 2010, have faced rumors about the state of their marriage in recent years. The couple, who used to live in Dubai, became less visible together. In 2018, they welcomed their son Izhaan Mirza Malik.

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