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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 ]
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.
Divorce for marriages under customary law is also subject to the civil law, with certain modifications to account for the fact that customary marriages may be polygynous. Should the divorcees have children, it is necessary to compile a parenting plan which must be signed off by the family advocate.
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
Divorce in Pakistan is mainly regulated under the Dissolution of Muslim Marriage Act 1939 amended in 1961 and the Family Courts Act 1964. [1] Similar to global trends divorce rate is increasing gradually in Pakistan too. [citation needed] In Punjab (Pakistan), in 2014 khula cases registered were 16,942 that rose to 18,901 cases in 2016. [2]
"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.
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 ...
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).