How To Get Divorce Under Muslim Law

During this time the couple continues to live under the same roof but sleeps apart. Just like any other religion or belief islam too encourages a harmonious relationship between the man and the woman in marriage. If husband retracts or justifies the allegations are proved and a proper ground for divorce is justified.

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Divorce Under Muslim Law

Family Law Lecture 1 Muslim Divorce Talaq Types Classification

Divorce Under Muslim Law

Divorce In Muslim Law The Lawyers Jurists

Family Law Lecture 1 Muslim Divorce Talaq Types Classification

Under muslim marriage act 1939 the legislature has made provisions for the divorce on the application of wife or husband.

How to get divorce under muslim law. Under this method of getting divorce in a muslim law wife agrees to give the consideration to the husband about her separation from the marriage union. Here is the procedure of divorce under muslim law of lian allegation of adultery zina by the husband upon wife. Divorce or talaq is different for the husband and wife. The wife is able to keep the dowry or mahr with her.

She is no longer your wife. After a declaration of divorce islam requires a three month waiting period called the iddah before the divorce is finalized. In daily life these two terms are alternatively used but under muslim law if a person seeks divorce he will be governed by the provisions of dissolution of muslim marriage act 1939. In islam there is a three month waiting period before the divorce is finalised.

The quran and sunnah states that if you utter divorce your wife three times according to certain conditions and with waiting periods she becomes haram forbidden. A regular suit to be filed by the accused wife before the family court. A woman married under muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or more of the following grounds namely that the whereabouts of the husband have not been known for a period of four years. Whereas talaq proceedings are governed by muslim personal laws.

One of the ways of such dissolution is by way of divorce. Under muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. Islamic divorce as well as marriage are mentioned in koran and according to it the relationship between husband and wife an interdependent one but do all muslim people live by that. However in whatever manner the divorce is effected it has not been regarded as a rule of life.

The husband s divorce pronouncement can be verbal or written but it must be done once. There are several grounds in which judicial divorce can be pronounced. If the husband is missing for a period of four years the wife may file a petition for the dissolution of her marriage. In a case of mutual consent divorce in muslim law the wife needs to pay some amount of the compensation for dissolving the marriage and getting separated.

This gives the couple time to calm down evaluate the relationship and perhaps reconcile. Whereabouts of the husband are not known failure to maintain for a period of two years. Grounds on which a female can claim divorce under this act are. In islam divorce is considered as an exception to the status of marriage.