Classical islamic law is derived from the scriptural sources of islam quran. Puberty is presumed to have attained on the completion of 15 years but now the muslims are governed by the indian majority act, except in the matters relating to marriage, divorce and dower. Thus, the only pronouncement of such words is sufficient to end the marriage. Modes of divorce 2 categories of divorce under the muslim law. A divorce in islam may be either by the act of the husband or by the act of the wife.
The theory and practice of divorce in the islamic world have varied according. Divorced wife s right to maintenance under muslim women protection of rights on divorce act, 1986. However, for a muslim woman to obtain divorce certain circumstances are necessary. For the moment, marriage and divorce laws continue to be customary, statutory, islamic and hindu laws, though discussions continue on proposed uniform marriage law. Qadis courts established to apply personal status law for muslims under kadhis courts act 1967. Specially, muslim women rights relating to triple talaq divorce, inheritance,maintenance has got much attention. An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim woman on her marriage tie.
Local muslim marriage and divorce registration acts 19 chapter v registration of christian, parsi, jewish and bahai marriages a. Divorce in islam can take a variety of forms, some initiated by the husband and some initiated by the wife. A slight discussion shall be made regarding the contemporary law in vogue and at the end of this paper the findings of the study shall be presented. An ordinance to give effect to certain recommendations of the commission on marriage and family laws. A woman can seek divorce in the court of law under following circumstances. Tyabji defines will as conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the death of the. Code of muslim personal laws 5 on marriage to whom does the provision on marriage and divorce apply. Concept of will under muslim law a will or testament or wasiyat has been defined as an instrument by which a person makes disposition of his property to take effect after his death. Referring the relevant provisions of quran the court tilhari, j.
The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced by their husbands and to provide for related. Under the hanafi law, pronouncement of divorce may take effect immediately or at some future time or event. The main traditional legal categories are talaq repudiation, khul. An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove. As per these laws one can discerns about the non uniformity of the. Where a muslim gets married under the special marriage act, 1954 either to a muslim or a non muslim, he or she along with the respective spouse and the children born of this marriage would no longer be governed by the muslim law of succession but will be. There are two types of divorce under the muslim law, which will be discussed hereafter. So, these intentions signify that the husband wants to disown his wife. This law deals with marriage, succession, inheritance and charities among muslims. Also, families, in our society are the fundamental entities. Under islamic law, a muslim man is permitted to marry up to four wives. Kinds of guardianship guardianship in marriage, person and property. But the widow cannot remarry before a certain specified period called iddat expires.
There are two categories of divorce under the muslim law. Under muslim marriage act, 1939, there are several grounds in which judicial divorce can be pronounced. Marriage, in india, is a social need through which families are created. Here, we are going to discuss the maintenance of wife and children under muslim law. After the advent of islam the prophet of islam looked on these customs of divorce with extreme disapproval and regarded their practice as calculated to undermine the foundation of society, it was impossible, however, under the existing of society to abolish the custom entirely, the prophet mould the mind of. Introduction divorce means the legal dissolution of the marital union between a man and a woman. Today, the issues of women rights in muslim personal law is highly controversial. Under muslim women protection of rights on divorce act, 1986. The theory and practice of divorce in the islamic world have varied according to time and place. Divorce marriage under islam is only a civil agreement and not a sacrament. What are the kinds of talaq under muslim law in india. In case any change is made it is considered as an invasion. Marriage, divorce, and inheritance laws in sierra leone. The concept of divorce under muslim law legal service india.
Talaq, ila, zihar, talaq ul sunnat, talaq ul biddat, khula, mubarat. Whereas it is expedient to give effect to certain recommendations of the commission on marriage and family laws now, therefore, in pursuance of the proclamation of the seventh day of october, 1958, and in. The islamic law did not take away the prevalent customary right of the husband to divorce his wife. However in whatever manner the divorce is effected it has not been regarded as a rule of life. Ra 6268 extended the applications on muslim marriages for another ten years after the expiration of the 20year period stipulated in ra 386. Under muslim law, the divorce may take place by the act of parties themselves or through a decree of the court of law. Muslim law allows muslim men to have four marriages, along with the right to divorce, under the concept of talaq, whereby, the husband has the authority to divorce by the utterance of the term talaq, without judicial methods, and this may happen without her consent. As regards maintenance after divorce, the muslim personal law provided for the husbands obligation to maintain her in a limited way.
Concept, creation, control and registration your valuable feedback in the form of comments or any desired inputs are encouraged and always welcome. A law lecture in hindi on the kinds of muslim talaqs that are available to both partners under muslim personal laws in india. Decisions of courts have to some extent contributed to muslim law. On the grounds of cruelty under indian divorce act, 1869. The best muslim law lawyers in india can be hired to get a divorce in islam. Divorce may be given either by a muslim husband or wife. Muslim clients situations will vary greatly depending on what islamic school of thought hanafi, hanbali, maliki.
Womens rights in islam regarding marriage and divorce. Divorce in muslim law dissolution of muslim marriage act. The grounds of divorce are available to a woman married under muslim law, so at the time of filing of the petition the wife need not be a muslim. If both husband and wife are muslims and residents in the uae, shariauae law will most likely be applied to their divorce. The basis of divorce in islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. Extra judicial divorce can be further subdivided into a by husband talaaq, ila, and zihar. Concept of will under muslim law legal service india. The prophet declared that among the things which have been permitted by law, divorce is. Show full abstract the mflalic, 1941 and case law in relation to the rights of muslim women after divorce and its procedures by referring to cases decided in the provincial courtspcs and. Also, in muslim divorce when both the parties agree then the only divorce may take place. Under the muslim law a marriage is dissolved either by the death of the husband or wife, or by divorce. From and after the commencement of this act, all muslim marriages and all divorces from those marriages celebrated or given according to the rites and.
Top five judgments on legal rights of muslim women in india. This article is only to be viewed as a basic outline of womens rights in islam regarding marriage and divorce. But the dissolution of muslim marriages act 1939 lays down several other grounds on the basis of which a muslim wife may get her divorce decree passed by the order of the court. The shariat act, the dissolution of muslim marriage act, 1986, the muslim women protection and rights on divorce act, etc. The pil filed in this case addressed both these issues, along with some.
Every contribution toward a goal is valuable, regardless of how small it may be. Thus, islam insists on the subsistence of marriage. Iii of 1956 contents section section chapter iii time and place at which marriages may be solemnised 9. Under muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. After the death of a wife, the husband may remarry immediately. In islam, divorce is considered as an exception to the status of marriage. In india, divorce law and procedure generally varies depending on the community to which the couple. At present under the muslim law there are the following distinct modes in which a marriage can be dissolved and the relationship of the husband and wife ter. This act may be cited as the muslim marriage and divorce act. Republic act 386 or the new civil code recognized marriages among muslims and mixed marriages between muslims and christians. Under muslim law, as discussed above men are considered superior to women and women in all cases is considered to be dependent on men.
Like other religions in india, islam is also a strong advocate of marriage. It is said that there is no celibacy in a muslim marriage. The dissolution of muslim marriagesact, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim. Triple talaq and other forms of muslim divorce explained. They prescribe that the breach of marriage should be avoided.
However 15 years is the age of majority for the purposes of marriage, dower and divorce under the muslim law. A husband can leave his wife without any reasons or merely by pronouncing the word talak thrice. The muslim who thus divorces his wife is held, in the hidayah, to be an offender against the law, but the divorce, however irregular, takes legal effect. By agreement khula divorce at the request of wife a wife has a right to buy her release from marriage from her husband. All the muslims in india are governed by the muslim personal law shariat application act, 1937. Special and local laws 16 chapter iv registration of muslim marriages a. In the same way the muslim personal laws are also based on the proclamations of holy quran which govern the muslims. The act extends to the whole of india except jammu and kashmir and it applies to all the muslim wives of any sect or school. It is the liability of husband under muslim law to maintain his wife even after divorce.
458 505 699 486 1514 1439 100 137 1651 1501 1127 775 1596 1530 1258 1513 1620 1031 1398 1584 1284 243 13 1277 876 963 433 1298 781 51 735 752 346 427 271 411 1424 19 1050