: July 13, 2017 |
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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.
o Lack of secondary sources of data .
o Restricted accessibility to primary sources of data .
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
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.
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.
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