Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : July 13, 2017 | Author : Pooja
Category : Miscellaneous | Total Views : 280 | Rating :

  
Pooja
J. Pooja Student of Saveetha School of Law, Saveetha University Ph no: 8056116258 Poojapooch@Icloud.Com
 

The Study on Dissolution of Marriage Under Islamic Law

Marriage, while an institution of critical and central importance in the Islamic legal landscape of social relations, was not required or necessarily expected to[be a permanent one. Rather, Islamic legal discourses and practices recognised that, upon occasion, marital relations might be better terminated; there is no moral dictum of ‘‘till death do us part‘‘ and no legal insistence on the indissolubility of the marital tie as in much of the christian tradition. A number of verses in the Quran address the question of divorce in aa tone that suggests that ending a marriage, while not to be taken lightly, may be preferable to continuing in a relationship that does not fulfil its purposes. Men are enjoined, in so far as their wives are concerned, to ‘‘retain them honourably or set them free honourably‘‘ , but cautioned against taking overly hasty decisions to divorce their wives; ‘‘if you are averse to them, it is possible you may be averse to a thing and god set in it much good‘‘. Clearly marriagescan fail and relationship can sour, and a man ultimately decide.

Objectives of The Study
# To gain knowledge on the different types of dissolution under Islamic law
# To study on the effects of dissolution.

Limitations  
o Lack of secondary sources of data .
o Restricted accessibility to primary sources of data .

Hypothesis
H0 : There is no significant reference on the study of dissolution of marriage under Islamic law
H1 : There is significant reference on the study of dissolution of marriage under Islamic law

Research Methodology
The methodology used in the present study includes both descriptive and exploratory one primary is collected through various print and electronic resources.Convenient sampling technique is followed for the study.

Method of Data Analysis
Ø The Primary data was not used in this data.
Ø The secondary data as it has always been important for the completion of any report provides a reliable, suitable, equate and specific knowledge. The data was collected from various magazines, fact sheet newspapers and websites.

Chapterization
To gain knowledge on the different types of dissolution under Islamic law

The early authors classified the different forms of dissolution as follows;
1. By the husband without the intervention of the court;
2. By common consent without the intervention of the court;
3. By decree of the court on the application of either party.

This classification does not take into consideration the fact that marriage in Islam is absolutely dissolved by the death of either spouse, and hence the following classification is proposed:
By the death of spouse
By the Act of parties
By Judicial process

A. By the death of spouse

B. By the Act of parties-
o By the Husband
- Talāq (Rsepudication)
- Īlā (Vow of Continence)
- Zihār (Injurious Assimilation)
o By the wife
- Talāq-e Tafwīd (Delegated Divorce)
o By Common Consent:
- Khul’ (Redemption)
- Mubāra’a (Mutual Freeing)

C. By Judicial Process-
- Li’an(Mutual Imprecation)
- Faskh (Judicial Rescission)

To study on the effects of dissolution.
1. Matrimonial intercourse- After the dissolution is effective. Matrimonial intercourse between the parties becomes unlawful. Nevertheless , the parties may, in certain circumstances , lawfully remarry.
2. Remarriage, Reconciliation – A divorced couple cannot always remarry. For a full discussion of how reconciliation or remarriage take place.
3. Fresh marriage
· Where the marriage as consummated, the wife has to wait till the expiration of her ‘idda in order to be able to remarry.l
The husband, if he has four wives, must wait until the completion of the divorced wife’s ‘idda.
· Where the marriage was not consummated, the parties can marry immediately, without waiting for the expiry of the ‘idda.
· Dower – If the marriage was consummated, the whole dower is immediately due; If not, half the dower is payable.
· Maintenance- The husband has to provide maintenance to the wife during ‘idda.

In a suit for maintenance, where a divorce has taken place earlier, but has come to the knowledge of the divorced wife later, the wife cannot be saddled with the knowledge of such divorce until the later date.
· Inheritance - So long as the divorce is revocable one spouse can inherit from the other; but when the divorce becomes irrevocable, the rights of inheritance terminate.

Conclusion
It is of importance to note that in finding a solution to dissolution of marriage, the rate at which parent will intervene in their children’s marriage should be reduced, the age of marriage should be reduced, the age of marriage should also be increased. The theme of this essay is therefore geared towards the realroute of the problems of dissolution of marriage, its causes, effects and likely.

Author: J. Pooja & Co-Author – Mrs. G. Jayasheela




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Miscellaneous category
Indian Partnership Act,1932
Law on Parking Spaces
Shops & Establishment Act of Punjab & Haryana
Role Of Election Commission
Restrictive & Extensive Definitions
Doctrine of Permissible Limits Under Delegated Legislation
Judicial Review in India And USA
Tribal Laws & Customs in India
Conversion and Reservation: Christian Dalits and the obstacles to social mobility
Enabling Statute: Rules of Interpretation
Is Poverty A Cause of Corruption
Whistleblowers and their Protection in India
Factory in The Factories act,1948
Indian Legal Metrology System
Land Reforms & Duty Of State
Right to Innocent Passage in Territorial Sea.
Most recent articles in Miscellaneous category
Gravity of The Offence And Severe The Punishment
Street Children-Human Rights A Socio Legal Issue In India
Inventory Problem Faced By Nike
Dissolution of Marriage Under Islamic Law
Corporate scandals does really endanger the economic progress of the country
Procedural Lacuna With Special Reference to Service of Summons
Constitutional perspective of uniform civil code
Lifting Up The Corporate Veil
Registration under GST in a simplified way
Ban on Cattle Slaughter: The Current Debate
Religion: Nurturing Crime And Ravaging Humanity
Legal Outsourcing
Incorporation of a Section 8 Company
Enforcement of intellectual property rights by foreign companies in China
Point of action to be taken to adopt GST
Suicide or Honor Killing?

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways of doing so, is by opening an Offshore company.

Statistics
» Total Articles
1510
» Total Authors
4476
» Total Views
19405938
» Total categories
41

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3