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Divorcing Muslim women who did not work outside their home after marriage, except for the deferred mahr, are left with little or no claim on the collective wealth of the couple. The deferred mahr is considered a debt owed by the man to the woman, and is owed even if he has no assets. [22] [23] Divorce under Islamic law may take many forms.
The payment of a portion of the mahr was commonly deferred and served as a deterrent to the exercise of the right of unilateral divorce by the husband, although classical jurists disagreed about the permissibility and manner of deferring payment of the mahr. [33] Islamic jurisprudence has clear guidance on handling of mahr in the case of ...
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 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).
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.
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]
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 ...
Marriage by Mahr was the standard marriage practice. These marriages consisted of the groom or groom's father paying the bride an amount, indicating that he was capable of supporting her financially after the marriage. With the spread of Islam, Mahr became Fard, meaning "obligatory" in Islamic law. [2]