Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 37 views

    DIVORCE

    Uploaded by

    juna
    The document defines divorce under Islamic law and outlines the various permissible ways divorce can occur, including repudiation by the husband, vow of continence, injurious assimilation, imprecation, redemption by the wife, exercise of delegated right to repudiate, and judicial decree. It also lists the requisites and conditions for a valid divorce, such as the divorcer being an adult of sound mind, the divorce being voluntary and witnessed, and reconciliation not intervening during the wife's probation period. Finally, it discusses the different views on pronouncing divorce orally, in writing, or through sign language.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    DIVORCE

    Uploaded by

    juna
    37 views8 pages
    The document defines divorce under Islamic law and outlines the various permissible ways divorce can occur, including repudiation by the husband, vow of continence, injurious assimilation, imprecation, redemption by the wife, exercise of delegated right to repudiate, and judicial decree. It also lists the requisites and conditions for a valid divorce, such as the divorcer being an adult of sound mind, the divorce being voluntary and witnessed, and reconciliation not intervening during the wife's probation period. Finally, it discusses the different views on pronouncing divorce orally, in writing, or through sign language.

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document defines divorce under Islamic law and outlines the various permissible ways divorce can occur, including repudiation by the husband, vow of continence, injurious assimilation, imprecation, redemption by the wife, exercise of delegated right to repudiate, and judicial decree. It also lists the requisites and conditions for a valid divorce, such as the divorcer being an adult of sound mind, the divorce being voluntary and witnessed, and reconciliation not intervening during the wife's probation period. Finally, it discusses the different views on pronouncing divorce orally, in writing, or through sign language.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    37 views8 pages

    DIVORCE

    Uploaded by

    juna
    The document defines divorce under Islamic law and outlines the various permissible ways divorce can occur, including repudiation by the husband, vow of continence, injurious assimilation, imprecation, redemption by the wife, exercise of delegated right to repudiate, and judicial decree. It also lists the requisites and conditions for a valid divorce, such as the divorcer being an adult of sound mind, the divorce being voluntary and witnessed, and reconciliation not intervening during the wife's probation period. Finally, it discusses the different views on pronouncing divorce orally, in writing, or through sign language.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    DIVORCE

    (T A L A Q)
    ARTICLE 45. DEFINITION AND FORMS.

    -Divorce is the formal dissolution of marriage bond in accordance with this


    code to be granted only after the exhaustion of all possible means of
    reconciliation between the spouses. It may be effected by:
    *Repudiation of the wife by the husband(talaq)
    *Vow of continence by the husband(ila)
    *Injurious assimilation of the wife by the husband(zihar)
    *Acts of imprecation(lian)
    *Redemption by the wife(Khul)
    *Exercise by the wife of the delegated right to repudiate(tafwid)
    *Judicial decree(faskh)
    DEFINITION OF DIVORCE.

    • The code defines divorce as the formal dissolution of the


    marriage bond in accordance with this code to be
    granted after the exhaustion of all possible means of
    reconciliation.
    • Divorce is permitted as a matter of necessity for the
    avoidance of greater evil which may result from the
    continuance of a marriage.
    REQUISITES OF DIVORCE

    • *That talaq is pronounced during the non-menstrual period of the


    wife, and must specify the wife to whom it is addressed.
    • *That the necessary petition and notice of divorce are filed by the
    proper party who is of legal capacity and of sound mind, before
    the Shariah Circuit Court which shall see to it that the formalities
    required by law are complied; the wife who is of the age of
    puberty received the notice
    • *That it was done knowingly and voluntary, and not under the
    influence of threat, or while otherwise deprived of reason;
    *It was shown that all efforts to reconcile the parties having been
    exhausted, failed.
    *That two male witnesses can testify attesting to the manner that
    the divorce was pronounced, this is the rule followed by the Sharia
    although the Sunnis holds a different view
    *That there being no bar to connubial intercourse no
    reconciliation(ruju) intervenes or takes place between the spouses
    by their voluntary cohabitation during the period of the
    idda(probation)
    CONDITIONS OF A VALID DIVORCE AND
    QUALIFICATIONS OF A DIVORCER(al-mutalliq)
    1) ADULTHOOD. - The spouse pronouncing the divorce must be of major age. The divorce
    pronounced by a child though approaching the age of majority shall not be effective for two
    reasons:
    *First, the Prophet has said “Every divorce is lawful,excepting that of a minor, or a
    lunatic.”
    *Second, because a man’s competency to act depends upon his possession of a sound
    judgement, which is not in the case of an infant or lunatic.

    2) The person pronouncing the divorce must also be of sound mind.


    3) VOLUNTARY. – Intention is as necessary a factor in the dissolution of the marriage as
    in the marriage itself.
    4) WITNESSES. – The Qur’an provides: “Thus, when they fulfill their appointed terms,
    either take them back on equitable terms; or, separate them with kindness; and
    take for witnesses two persons from amongst you endued with justice and establish
    the evidence as before Allah.”
    Two views on this matter:
    According to the view of the Sunni jurists, witnesses is not an
    essential requirement for the efficacy of the divorce, but merely
    desirable.
    According to the view of the Shiah jurists, witnesses is necessary for
    the divorce to be effective.

    6) That the idda lapsed without the parties being reconciled.


    MODES OF PRONOUNCING DIVORCE
    • According to the Sunnis, divorce may be pronounced or effected orally or in
    writing or in the case pf a deaf-mute, by sign language, or in writing if he is
    able to do so.
    • According to the Hanafi, no special form is necessary. If the divorce is made
    in writing, to be effective, the writing must be clear, intelligible and the
    letter of divorce must be received by the wife or someone authorized to
    receive it in her behalf.

    The power to decree the divorce is vested by law in the court. However,
    there is a unanimity of view among the muslim jurists that the divorce
    operates from the time the divorce is pronounced.

    You might also like