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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 ]
Indian Jurisprudence allows for the following the personal law of Muslims in a marriage based on the Muslim Personal Law (Shariat) Application Act. However, there has been several judicial interpretations that have overruled Muslim divorce practices.
In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. [1] Marriage is an act of Islam [2] and is strongly recommended. [1] [3] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [4]
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The theory and practice of divorce in the Islamic world have varied according to time and place. [53] Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. [54] Historical practice sometimes diverged from legal theory. [54]
The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. [1] [5] From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.
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]
Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. [86] [87] Divorce in Islam is permitted, but the theology provides different rules for husbands from wives.