Khula valid under Muslim law, but only courts can grant it: Telangana HC rules against sharia councils

The Telangana High Court has ruled that khula, a form of divorce initiated by Muslim women, is a legitimate right under Islamic law but must be processed through courts and not by religious authorities such as muftis or sharia councils. The court said this ensures legal clarity and enforceability of the divorce.

According to a report by ToI, a division bench comprising Justices Moushumi Bhattacharya and B R Madhusudhan Rao on Tuesday upheld a family court’s February 2024 ruling in a case involving a homemaker who had obtained khula from her husband, a businessman.

The husband had challenged the khulanama (divorce certificate), arguing it had been issued by the Sada-e-Haq Sharai Council, which he said had no legal standing. The High Court dismissed his appeal, noting that only a court—or a qazi officially appointed under the law—has the authority to grant a divorce.

Khula is a legimate form of divorse, but court must process it, the bench observed. It ruled that religious bodies such as sharia councils cannot issue binding divorce certificates.

The ruling comes soon after a similar judgment by the Supreme Court in April 2025, which stated that while Muslim women have the right to seek khula, the authority to validate or grant the divorce rests with the courts. The apex court also clarified that the husband has the right to challenge the khula in court.

The Telangana High Court’s ruling reinforces the need for judicial oversight in matters of personal law to ensure legal recognition and prevent disputes over the validity of religious divorces.

(With inputs from ToI)