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Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq ( repudiation ), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [ 1 ]
A number of women in British India between the years of 1920 and 1930s left Islam to obtain judicial divorce because Hanafi law did not permit women to seek divorce in case of cruel treatment by a husband. Mawlana Thanawi reviewed the issue and borrowed the Maliki rulings which permits women to seek divorce because of cruelty by the husband.
Although Islam permits women to divorce for domestic violence, they are subject to the laws of their nation, which might make it quite difficult for a woman to obtain a divorce. [311] [312] [313] In deference to Surah 4:34, many nations with Shari'a law have refused to consider or prosecute cases of domestic abuse. [314] [315] [316]
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place. [60]
An-Nisa 4:34 is the 34th verse in the fourth chapter of the Quran. [1] This verse adjudges the role of a husband as protector and maintainer of his wife and how he should deal with disloyalty on her part.
Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny).
"Divorce" [1] (Arabic: الطلاق, aṭ-talāq) is the 65th chapter of the Qur'an with 12 verses . The main subject is about divorce. [2] Abdullah ibn Masud reportedly described it as the shorter version of the surah An-Nisa. [3] The surah also defines the time period of mourning to be three menstruation periods.
Other Sunni schools of jurisprudence rely on early Islamic scholars that state that a fetus can "sleep and stop developing for 5 years in a womb", and thus a woman who was previously married but now divorced may not have committed zina even if she delivers a baby years after her divorce. [70]