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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 ]
Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
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 Sheikh of al-Azhar mosque, Muhammad Sayyid Tantawi and theologian Yusuf Al-Qaradawi note in their writings and in their lectures that a major proportion of the few men who take a spouse in the framework of the misyar marriage are men who are married or women who are either divorced, widowed or beyond the customary marriage age. [2]
In Islamic personal status law, tafwid refers to a sub-type of divorce (talaq al-tafwid or tafwid al-talaq) in which the power of talaq (the type of divorce normally initiated by the husband) is delegated to the wife.
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. [8]
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One special characteristic of divorce in China is the process of mediation. This justice process is influenced by both Western modernism and Chinese tradition. [122] Mediated reconciliation is an important process in Chinese justice systems. Before 1990, courts dealt with 80% of civil cases through mediation instead of adjudication. [122]