This right is discussed further below in the discussion of khiyar-al-buloogh. This delegation must be made distinctly in favour of the person to whom the power is delegated, and the purpose of delegation must be clearly stated. . This language is wide enough to include all cases of cruelty, not merely this, it would cover all types of misconduct or misbehaviour, serious and not very serious on the part of the husband calculated to break spirit of the wife by physical or moral force which was systemically exerted on her to such a degree and to such a length of time resulting in undermining her health, it will amount to cruelty. Recently, however, there has been a noticeable increase in the number of cases reaching courts, which is attributed to the enforcement of the decision by courts to resolve each family case within a period of six months. This form of divorce is unknown in this country and no case of Zihar has come before Courts in India.
But, it is not however revocable. The words without reasonable cause are significantly absent in Cl. Although separate Family Courts have been established, the existing Civil Courts are given additional powers of the Family Courts. But if the husband resumes cohabitation within four months, Ila is canceled and the marriage does not dissolve. In Islam, divorce is considered as an exception to the status of marriage. Dissolution of marriage can be by following ways: By Divorce A Husband may divorce in the following manner- a.
However, if a woman is the guilty party and seeks divorce, the husband can receive something from her the worth of which should not be more than what he had given to her or was supposed to give her as the dower. There is therefore no jurisdiction in introducing the words without reasonable cause into Cl. A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: i that the whereabouts of the husband have not been known for a period of four years; ii that the husband has neglected or has filed to provide for her maintenance for a period of two years; ii-A that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961; iii that the husband has been sentenced to imprisonment for a period of seven years or upwards; iv that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; v that the husband was impotent at the time of the marriage and continues to be so; vi that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; vii that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consumated; viii that the husband treats her with cruelty, that is to say, a habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or b associates with women of evil repute of leads an infamous life, or c attempts to force her to lead an immoral life, or d disposes of her property or prevents her exercising her legal rights over it, or e obstructs her in the observance of her religious profession or practice, or f if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran, ix on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law, Provided that: a no decree passed on ground i shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and b before passing a decree on ground v the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground. The wife is entitled to Dower or Mahr, a sum of money or other property from the husband as a mark of respect for the wife, the amount of which may be settled before or after marriage, and payable either on demand or on the dissolution of marriage by death or divorce although different schools and sects have different rules regarding conditions of payment for the same and how or when the wife forfeits her right to the same. On the question raised that during the period of grace, the husband was denied the company of his wife in his own house, the court held that after the act the rule of Mohammedan Law about the duty of the wife did not apply. Muslim Marriage Law: Non-essential Customs The Nikah is read by a Kazi who recites the marriage sermon extracts from the Quran and Hadis , there may be exchange of gifts, prayers are offered by the guests for the health and happiness of the couple, and additional Maulvis from both sides may be present.
Husband must abstain himself from intercourse for the period of iddat. The law as prescribed under the Muslim law which relates to divorce does not reflect the true Muslim law. In the last 20 years except for some pro-women judgments, there has been no forward movement in the effort to reform the Muslim law by codifying it and making it uniformly applicable to the entire Muslim population across the country. If the divorce is by mutual consent then the muslim law requires the wife to pay compensation to her husband. Muslim womens right for dissolution of marriage - Muslim Divorce - Marriage is a sanctified contractWritten By: Neha Malik - Presently in 4th year of a 5 year Law course.
There are also cases when she is pressurized to surrender the rights to the tangible items or property given to her by her own parents. It is to be added further that nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective. Whatever the conditions be, the most important thing to keep in mind is that wife should be aware that such a power has been delegated to her i. The husband gets one fourth of the share of his dead wife's property,If there are children and one-half if there are no children. There is yet another provision for divorce under Muslim law- Zihar: This is a mode in which the husband compares his wife to his mother or any other female within prohibited degree giving the right to the wife to refuse herself to her husband until he makes an expiation and in default to apply for a judicial divorce from the Qazi.
The Holy Quran, translated by Abdullah Yusuf Ali Ed. It can obtained only by means of a decree of Court. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce. The husband would say that from today the wife is like his mother or sister. The basis of the Islamic law of divorce is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. Nishi Purohit — The Principles of Mohammedan law, 211 2 nd Ed.
In India, the female population is low and polygamy adds to the economic burden of supporting multiple wives and children. If nobody knows then the court passes a decree to this effect which becomes effective only after the expiry of six months. Regarding cruelty of conduct the general test should apply, since the conduct that is cruel for one woman can not be civilized enough for another just because of the religion of the parties. Section 8 of the Muslim Family Laws Ordinance 1961 addresses divorce and allied issues unambiguously. In these three categories it is only the Roman Catholic Church which deliberates marriage to be sacrosanct bond and concurs with the concept of dissolution of marriage. Again, the husband has the absolute right of ruju until the divorce becomes final. O the other hand, if husband dies, Wife cannot remarry before a certain specified period called Iddat 90 days expires.
But the widow cannot remarry before a certain specified period called Iddat expires. 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. An application for registration of a divorce shall be made orally by the person or persons who have or have effected the divorce. However, there is a sea change in the attitudes of the courts. Section 2 viii a of the concerned Act uses the words by cruel conduct even if such conduct does not amount to physical ill treatment. These Islamic teachings are, for the most part, the basis of the different family laws in Pakistan, although there are some conflicts and inconsistencies.