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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 ]
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). Women, Family, and Gender in Islamic Law. Cambridge: Cambridge University Press.
"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.
Nikah halala is also known as tahleel marriage [9] and is a practice in which a woman, after being divorced by a final divorce, marries another man, consummates the marriage, and divorces immediately for the sole purpose of remarrying her former husband. It is prohibited in Islamic law. [10]
"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 theory and practice of divorce in the Islamic world have varied according to time and place. [54] Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. [55] Historical practice sometimes diverged from legal theory. [55]
Nikah halala (Urdu: نکاح حلالہ), also known as tahleel marriage, [1] is a practice in which a woman, after being divorced by her husband by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. [2]
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]