Due to the financial responsibilities which he has to bear, the right to divorce in Islam is primarily given to the husband. A Muslim who wishes to divorce his. A brief discussion about divorce from an Islamic perspective, featuring valid and non valid reasons for Muslim couples to seek divorce. Divorce is permitted in Islam as a last resort if it is not possible to continue a marriage. Certain steps need to be taken to ensure that all options.
|Published:||14 August 2017|
|PDF File Size:||18.7 Mb|
|ePub File Size:||8.22 Mb|
There is no Quranic evidence of age being a determinant for custody. Similarly with regard to the issue of alimony, in the Quran the ex-husband's financial obligation to his ex-wife is mandated, but a specific formula for the amount of support is missing; Allah Says what means: There has been much distortion and propagation of misunderstanding about a woman's rights related divorce in islam marriage and divorce.
Only with self-education and awareness of the Quranic text are men and women able to learn the truth that Allah has prescribed and understand the scholarly divorce in islam in order that the spirit of justice is realized.
Allah Says what means: And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest.
Divorce in Islam
Article 14 of the Constitution which talks about equality before the law provides that no person is above the law, it is the law which is supreme and every person is equal in the eyes of law, irrespective of gender or religion.
The husband in case of giving triple talaq has unequivocal right to divorce the wife while the wife cannot do the same.
When the marriage is undertaken by the mutual consent of both the divorce in islam, then it is unfair to dissolve it unilaterally, which is violative of the Article Giving of such triple talaq is manifestly arbitrary as it does not recognize equality of status of Muslim women with that of men.
divorce in islam
Moreover, it is unreasonable as no reconciliation process is initiated before the divorce. Triple Talaq distorts the fundamental rights enshrined in the Article 15 of the constitution which prohibits any form of discrimination.
The obnoxious practice has given all the rights of divorce to men, leaving behind women as mere puppets divorce in islam the hands of their divorce in islam.
TALAQ | Islamic Sharia
Muslim women suffer on account of their gender. The divorce in islam liberty of a person cannot be taken away by a law which is arbitrary, unfair or unreasonable.
Divorce in islam, the practice is repugnant to Article 21 of the Constitution. A five-judge Constitution Bench was set up to decide on the issue and they came up with the understanding that, the Holy Quran has attributed sanctity and permanence to matrimony, as per the verses of Quran.
However, in extremely unavoidable situations, talaq is permissible. A khul' is concluded when the couple agrees to a divorce in exchange for a monetary compensation paid by the wife, which cannot exceed the value of the mahr she had received, and is generally a smaller sum or involves forfeiting the still unpaid portion.
If the husband pressures his wife to agree to khul' instead of divorce in islam talaq, which would let him avoid attendant financial responsibilities, the divorce is considered to be invalid.
Women employed a number of strategies to force a settlement from their husbands. Some neglected their marital and household duties, making family life impossible for the husband. Others demanded immediate payment of the deferred mahr, knowing that the husband had no means to comply and would be jailed if he failed to do so.
Either spouse can petition a qadi court to obtain judicial divorce, but they must have compelling grounds for dissolving the marriage.
The court starts the process by appointing an arbitrator from each of their families in order divorce in islam seek a mediated reconciliation. If this effort fails, the court adjudicates the dispute by apportioning fault for the breakdown of the marriage divorce in islam the associated financial consequences.