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The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent. The wife has the right to initiate divorce, it is called khula. She either gives back the dowry (mahr) or does not, depending on the reason for divorce. The man has the right to divorce.
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.
However, the 1991 law is still in effect, and in June 2022, the Kosti Criminal Court sentenced a 20-year-old woman to death by stoning for adultery. The court of appeals overturned this sentence due to the lack of implementation of fair trial standards and returned the case for judicial review to the first-instance court.
[3] [36] Later Maliki Muslim scholars admitted the concept of "sleeping embryo", where a divorced woman could escape the stoning punishment, if she remained unmarried and became pregnant anytime within five years of her divorce, and it was assumed that she was impregnated by her previous husband but the embryo remained dormant for five years. [41]
The Sunni Maliki school of law consider pregnancy in an unmarried woman as sufficient evidence of zina, unless there is evidence of rape or compulsion. [5] [64] The punishment can be averted by a number of legal "doubts" (shubuhat), however, such as existence of an invalid marriage contract or possibility that the conception predates a divorce ...
Opponents of adultery laws argue that these laws maintain social norms which justify violence, discrimination and oppression of women; in the form of state sanctioned forms of violence such as stoning, flogging or hanging for adultery; or in the form of individual acts of violence committed against women by husbands or relatives, such as honor ...
The gas chamber in general is legal in Arizona, California, Missouri, and Wyoming as a secondary method. Decapitation: Used at various points in history in many countries. One of the most famous methods was the guillotine. Now only used in Saudi Arabia with a sword. Stoning
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 ]