Khula in the Kuwaiti Personal Status Law.
The Kuwaiti legislator has always been a pioneer in giving the family priority in its legislation due to its importance in society and one of the most important legislations issued for the year 2015 is the Family Court Law.
The importance of this law is that it removed many obstacles facing the family in general and the wife in particular.
We shed light on Article No. (5) of this law because of its importance for the wife and her liberation from the most important restrictions in the issue of divorce, which was stipulated in Article (5) in Clause (D): -
It included Article (5) of Law No. 12 of 2015
The competences of the family court in which circuit the residence of the plaintiff or the defendant is to consider the lawsuits filed by the children, the wife, the parents and the custodian according to the circumstances mentioned in the article, which are the following:
Expenses, wages and the like, and then in any case of expenses, wages and expenses that are among the competences of the family court, such as a lawsuit for the maid’s wages and her recruitment, the wage of a servant, school expenses and study expenses.
Custody, vision and issues related to it.
Dowry, device, gifts and the like.
Divorce, divorce, release, and separation between spouses, with all their legitimate causes.
Before we explain the importance of this Article (D), we must clarify the previous law and the obstacles it contains ...
Previously, the legislator in Law No. 51 of 1984 stipulated in Article (111) khula 'and defined it as:
“Khula” is the husband’s divorce from his wife in exchange for a consensual return, with the wording of khul`, divorce, match, or whatever it means
The khula is only owned by the spouses or their representatives.
Which means that the khul 'is an agreement that must be consensual between the spouses, as it is a pure right for them and they alone share it in return for compensation, which is characterized by injustice to the wife and children because the husband did not respond to the request for khula in exchange for compensation and the keenness to prolong it in the largest manner.
The importance of taking off:
Hatred may multiply, discord intensifies, treatment becomes difficult, patience runs out, the housing, affection, mercy, and fulfillment of rights is lost, and married life becomes irreparable, and then Islam permits the only treatment that is inevitable, if the hatred is on the part of the man Divorce is in his hands, and it is one of his rights, and he has the right to use it within the limits of what God has prescribed, and if the hatred is on the part of the woman, Islam has permitted her to get rid of marriage by khula.
Disadvantages of dislocation:
First: According to Kuwaiti Law No. 51 of 1984, one of the most prominent defects in khula is that khula must be consensual between the spouses, and in the event that the husband does not agree, there is no way to divorce.
Second: The slow pace of litigation in the divorce lawsuit, and the reason for that is the disputes that arise between the husband and the wife about the value of the dowry that the wife must pay to the husband until the khula is completed, which extends the litigation period and sometimes reaches years, so it was better to have judicial khula in the event that the husband did not agree .
Third: There is no fixed standard for compensation in khul` in some countries, the value of the dowry is forbidden, and others are forbidden for compensation if the husband is the one who harms the wife, and some allow more than the dowry if the value of the dowry is small due to changing times and circumstances.
(The new law)
The legislator was correct in the new Law No. 12 of 2015
When he gives the wife a share in filing the divorce lawsuit before the family courts, by explicitly stating in the first paragraph that the family court is the one who has jurisdiction to hear the lawsuits filed by the children, the wife, the parents and the custodian, according to the circumstances.
In the text of Article 5, Clause (D)
“Divorce, khula, release, and separation between spouses with all their causes.”
This is what must be done previously to reduce injustice to the woman and children, and it is one of the simplest rights of the wife when there is no marital life between her and the husband, as she previously had only the right to divorce due to harm, which is characterized by the length of its procedures, as the court tries to reform through arbitrators by both spouses And when the arbitrators do not agree, the judge will win an arbitrator, then the arbitrator submits the report, and the judge turns to witnesses, as all these procedures lead to the length of the case.
But now, with Family Court Law No. 12 of 2015, the wife has the right to file a divorce lawsuit, which is if the wife asked the husband to conscientiously dissociate her, which is the rule and he refused, the judge could order her to issue a judicial divorce despite his disagreement, which is more fair and just than the wife's previous deprivation.
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