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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 ]
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]
The Rights of Women in Islam. New York: St. Martin's Press. Macfarlane, Julie. Islamic Divorce in North America: A Shari'a Path in a Secular Society. Oxford: Oxford University Press, 2012. Nasir, Dr. Jamal J. Ahmad (2009). The Status of Women Under Islamic Law and Modern Islamic Legislation. Netherlands: Brill. Tucker, Judith E. (2008).
"Finally, I feel free today," Shayara Bano, who was divorced through triple talaq and was one of five women who brought the case, said after the ruling.
The 1939 act (Act No. 8 of 1939) is meant to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage brought by women married under Muslim Law. The act received assent of the Governor-General on 17 March 1939. [3] In Muslim law, the wife can claim divorce under extrajudicial or judicial modes.
The Supreme Court in August last year outlawed the practice that had allowed Muslim men to divorce their wives by simply saying the word "talaq", or "divorce" in Arabic, three times.
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
Evidence of Muslim personal code can be found since 1206 on the Indian peninsula with the establishment of Islamic rule in parts of the region. [4] During the reign of Mamluk dynasty (1206–1290 A.D), Khalji dynasty (1290–1321), the Tughlaq dynasty (1321–1413), the Lodi dynasty (1451–1526) and the Sur dynasty (1539–1555), the court of Shariat, assisted by the Mufti, dealt with cases ...