PDA

View Full Version : Define Divorce. what are different modes of Divorce and what are its various kinds.



vustudents
09-03-2012, 04:16 PM
Q. What are different modes of pronouncement of Talaq? discuss. (2001)
Q. What are different modes of Talaq. (2002)
Q. Define Divorce what are different modes of dissolution of marriage. (2004)(2005)
Q. What are different modes of "Talaq" and consequences. (2006/A)
1. Introduction:
Divorce is one of the mode of dissolution of the marriage tie of the husband and wife. it is the right of the husband and the wife. it is the right of the husband to dissolve the marriage. divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (P. B. U. H) to be the most detestable before Allah of all the permitted things for it prevents conjugal happiness and proper up bringing of children.
2. Meaning:
Divorce means dissuasion or rejection.
3. Definition:
I. General definition:
It is the exercise of absolute power of pronouncing unilateral divorce of the husband. when its proceeds from the husband it is called Talaq.
II. Case's law definition:
AIR 1932 OUDH 34
It is the freedom from the bondage of the marriage.
4. Forms of Divorce:
Under Hanfis:
Under Hanfis Talaq may be either oral or written.
Under Shia:
Oral pronouncement must be coupled with two male witnesses.
5. Capacity for Divorce:
A Muslim of sound mind, who has attained puberty may dissolved his marriage.
6. Who can not pronounce Divorce:
Following persons can not declare or pronounce Talaq.
(i) A minor
(ii) Unsound person.
7. Nature:
A Muslim husband has right to pronounce Talaq without any cause.
8. Divorce under compulsion:
Under Sunni law:
if Divorce is pronounced under compulsion it is valid.
Under Shia law:
The Shia law does not recognize Talaq pronounce under compulsion or intoxication.
9. Ways of Divorce:
Following are the ways of divorce.
(i) By the husband at his will without the intervention of a court.
(ii) By the mutual consent of the husband and the wife without intervention of the court.
(iii) By the court.
10. Modes of dissolution of marriage:
Following are the different modes of the dissolution of the marriage.
(i) Apostasy
(ii) Death of either party.
(iii) Divorce.
(iv) Option of repudiation or puberty.
(v) Cancellation of an irregular marriage.
11. Different kinds of Divorce:
I. Talaq-E-Ahsa:
It consist of a single pronouncement of divorce. it is irrevocable even after the expiration of period of Iddat.
II. Talaq-E-Hasan:
It is effected when the husband repudiates his wife during a Tuhr in which he has not had carnal connection with her, and he repeats the repudiation during the next two Tuhrs. so makes the divorce final and irrevocable.
III. Talaq-Ul-Biddat:
It consist of
(a) Three pronouncement during a single. Tuhr either in one sentence.
(b) A single pronouncement made during a tuhr clearly indicating an intention irrevocable to dissolve the marriage.
It becomes irrevocable immediately it is pronounced irrespective of Iddat.
IV.Ila:
If a husband, having attained puberty, Sweras by God not to have Sexual intercourse with his wife for a period of four months or more or for unspecified period. he is to make Ila.
V. Zihra:
If husband compares his wife to his mother or any other female with in prohibited degree, the wife has right to refuse- to him until he has performed penance. in default the wife has to right to apply for inudicial divorce.
VI. Khula:
Khula is separation by putting an end to martrimonial bond and rights. it is that kind of divorce in which the wife gives of agrees to give a consideration to the husband from her release of the marriage tie.
VII. Mubara'at:
A Mubara'at is a dissolution of the marriage by the agreement. there is mutual desire for separation of the spouses in this kinds of divorce. the offer in a mubara'at divorce may proceeds from the husband or the wife.
VIII. Lian:
The wife is entitled for divorce if her husband has falsely charged her with adultery. if the charge is proved to be false, the marriage will be dissolved.
Appeal:
No appeal can be filed against the decree of the court on this ground i. e. lian.
IX. Divorce in absence:
Divorce can be pronounced in the absence of the wife. it is essential that husband should pronounce the name of wife. such divorce is valid and called divorce in absence.
X. Contingent divorce:
Divorce:
Divorce may be pronounced so as to take effect on the happening of a future event. such divorce is called contingent.
12. Legal consequences:
Legal consequence of the divorce are as under:
(i) Sexual intercourse becomes unlawful.
(ii) Iddat becomes incumbent.
(iii) Remarriage between the same parties become impossible until the wife lawfully marry another person and lawfully divorced by him after the consummation of the marriage.
(iv) Dower become immediately payable.
(v) Right to contract another marriage.
(vi) Mutual right of inheritance cease.
13. Conclusion:
To conclude I can say that, the divorce is the a mode of dissolution of the marriage. a husband can divorce her wife without assigning any reason. it is an extra judicial power of the husband to dissolve the marriage.