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Questions and Answers
What is a requirement specific to ahasan talaaq regarding the timing of pronouncement?
What is a requirement specific to ahasan talaaq regarding the timing of pronouncement?
- It must be pronounced during menstruation.
- It must be pronounced during a period of tuhr. (correct)
- It requires multiple pronouncements.
- It must be written down.
How many pronouncements are required for hasan talaaq?
How many pronouncements are required for hasan talaaq?
- No specific number is required.
- One pronouncement during menstruation.
- Three pronouncements during three successive tuhrs. (correct)
- Two pronouncements with a one-week interval.
When can a husband pronounce zihar regarding his wife?
When can a husband pronounce zihar regarding his wife?
- During the iddat period.
- Only after consultation with a community leader.
- After comparing her to a prohibited female relative. (correct)
- When she is menstruating.
What happens once the period of four months expires after a zihar declaration?
What happens once the period of four months expires after a zihar declaration?
What is a condition for the pronouncement of talaaq in hasan talaaq to be valid?
What is a condition for the pronouncement of talaaq in hasan talaaq to be valid?
In which situation does the rule of a pronouncement during tuhr NOT apply?
In which situation does the rule of a pronouncement during tuhr NOT apply?
What are the possible actions a husband must take after zihar, according to Islamic law?
What are the possible actions a husband must take after zihar, according to Islamic law?
Which of the following statements about the ahasan talaaq is true?
Which of the following statements about the ahasan talaaq is true?
What does the term 'Talaaq' literally mean in the context of marriage?
What does the term 'Talaaq' literally mean in the context of marriage?
Which type of talaaq is recognized by both the Sunni and Shia schools?
Which type of talaaq is recognized by both the Sunni and Shia schools?
What is notable about the husband's authority in pronouncing talaaq?
What is notable about the husband's authority in pronouncing talaaq?
Which form of talaaq is NOT recognized by the Shia schools?
Which form of talaaq is NOT recognized by the Shia schools?
In the context of talaaq, what might be considered a 'monstrosity' as per the case of Hannefa v. Pathummal?
In the context of talaaq, what might be considered a 'monstrosity' as per the case of Hannefa v. Pathummal?
What is the primary difference between talaaq-e-ahsan and talaaq-e-hasan?
What is the primary difference between talaaq-e-ahsan and talaaq-e-hasan?
Which of the following is true about the practice of talaaq in the Muslim world?
Which of the following is true about the practice of talaaq in the Muslim world?
What is required for a husband to pronounce talaaq legally?
What is required for a husband to pronounce talaaq legally?
Under which condition can a decree be passed in favor of the wife?
Under which condition can a decree be passed in favor of the wife?
Which of the following describes a marital obligation of the husband under Muslim law for dissolution of marriage?
Which of the following describes a marital obligation of the husband under Muslim law for dissolution of marriage?
What must a wife prove to obtain a divorce on the grounds of her husband's impotence?
What must a wife prove to obtain a divorce on the grounds of her husband's impotence?
What is one requirement for the husband to improve his condition before a divorce can be granted on the ground of impotence?
What is one requirement for the husband to improve his condition before a divorce can be granted on the ground of impotence?
What is the duration of insanity required for a wife to file for divorce based on her husband's condition?
What is the duration of insanity required for a wife to file for divorce based on her husband's condition?
Which statement is true regarding the husband's leprosy under the Act?
Which statement is true regarding the husband's leprosy under the Act?
Which condition allows a wife to repudiate a marriage before the age of fifteen?
Which condition allows a wife to repudiate a marriage before the age of fifteen?
Which behavior of the husband justifies the wife filing for divorce due to physical ill treatment?
Which behavior of the husband justifies the wife filing for divorce due to physical ill treatment?
What does the term 'Khula' signify in the context of divorce?
What does the term 'Khula' signify in the context of divorce?
Which of the following is a unique feature of 'Mubarat'?
Which of the following is a unique feature of 'Mubarat'?
What is required for the validity of Khula?
What is required for the validity of Khula?
Under what condition can a wife ask for a divorce based on Lian?
Under what condition can a wife ask for a divorce based on Lian?
What does the term 'Talaaq-i-tafweez' refer to?
What does the term 'Talaaq-i-tafweez' refer to?
What is NOT a condition for the wife's right to judicial divorce according to the Dissolution of Muslim Marriages Act 1939?
What is NOT a condition for the wife's right to judicial divorce according to the Dissolution of Muslim Marriages Act 1939?
In a case of Lian, which scenario would NOT allow the wife to seek divorce?
In a case of Lian, which scenario would NOT allow the wife to seek divorce?
Which statement accurately represents 'Khula'?
Which statement accurately represents 'Khula'?
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Study Notes
Divorce in Muslim Law
- Talaaq: Refers to the dissolution of marriage by a husband, meaning "setting free". It allows spouses to terminate the marital bond legally.
- Authority for unilateral divorce by husbands is established in Islamic jurisprudence, allowing talaaq to be issued under various circumstances without needing justification.
- Various schools of thought (Sunnis, Shias) recognize talaaq differently, with slight procedural variances.
Types of Talaaq
- Talaaq-e-Ahsan: The most approved method, requiring a single pronouncement of divorce during a period of purity (tuhr) followed by a waiting period (iddah).
- Talaaq-e-Hasan: Involves three pronouncements of divorce during three successive tuhrs. Each pronouncement must be made when the husband has not engaged in sexual relations with the wife.
- Ila: A type of divorce where a husband swears not to cohabit with his wife for a specific period.
- Zihar: Involves the husband comparing his wife to a close relative and abstaining from marital relations for four months, after which the wife may seek divorce.
Modes of Divorce
- Khula: A mutually agreed divorce where the wife compensates the husband to terminate the marriage. The husband cannot rescind this agreement after consent.
- Mubarat: A situation where both spouses agree to divorce each other without any compensation involved.
- Lian: Allows a wife to seek divorce if her husband falsely accuses her of adultery, leading to character assassination.
Judicial Divorce Under the Muslim Marriages Act, 1939
- Provides specific grounds for wives to file for judicial divorce, including:
- Sentencing: A husband sentenced to seven or more years in prison.
- Failure of Marital Obligations: Consistent failure to perform marital duties for three years, defined by the Act.
- Impotence: Proof that the husband was impotent at the time of marriage and remains so.
- Insanity or Disease: The husband suffering from insanity for at least two years or having an incurable venereal disease.
- Child Marriage: If a girl was married before the age of 15 and repudiated the marriage before 18, provided it was not consummated.
- Wives are entitled to divorce if subjected to physical abuse or living conditions made intolerable by the husband.
Conclusion
- Muslim divorce laws exhibit both the husband's unilateral power and the procedural protections for women seeking a divorce.
- The variance between different Islamic schools highlights the complexity of marital dissolution within Muslim communities.
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