SC validates right of women to dissolve ‘Nikah’ on grounds of mistreatment

[muhammadhafeezmalik]

So judge will be playing husband?

In every civilised society judges decide the disputes, leaving a contract is a dispute so a judge will decide.

A judge, attorney, or qadhi is a very tough and risky job in Islam, and the Messenger of Allah – peace and prayer of Allah be upon him- had warned his followers to be cautious in bearing that mandate. Think about the saying of the Prophet below:


القضاة ثلاثة واحد في الجنة واثنان في النار. فأما الذي في الجنة فرجل عرف الحق فقضى به ورجل عرف الحق فجار في الحكم فهو في النار ورجل قضى للناس على جهل فهو في النار [رواه أبو داود واللفظ له (3573) والترمذي (1322) وابن ماجه (2315) وصححه الألباني]


“Qadhi (decision maker) are divided into three categories, one of them will enter Paradise, and the other two in Hell. The one who’ll enter Paradise is a qadhi who knows about the truth and decides based on it. Whereas a qadhi who knows about the truth but deliberately wrongs people by his decision, will be in Hell. Likewise, a qadhi who decides without knowledge, will be in Hell.” (Narrated by Abu Daud, At Tirmidhi, and Ibn Maja, classed valid by Al Albani).

A judge in Islam should know the case thoroughly before reaching a decision, a sane decision.

 

[Goenitz]

She can request a divorce which is called "Khulaa" .
But cannot unilaterally end the "Nikaah" as SC ruled.

Khula doesn't give rights to the property. Divorce by courts on husband's behalf gives that.