the divorce between the appellant and the respondent under the Divorce Agreement dated 18.4.2004 was a Talak in the Ahasan mode and, therefore, the appellant was not obliged to undergo Halala prior to the second marriage. In our opinion,...
Day: December 15, 2018
And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorces her, it is no sin for both of them...
Kabuliyatnama is an agreement is lawful under the provisions of Mohomedan Law as it provides for a dissolution of marriage by agreement in the form of ‘Khula’ or ‘Mubarat’. Section 319, Mulla’s Principles of Mohomedan Law (Eighteenth Edition) by...
Classical Hanafi law, especially as it is practiced in India, seems to take the opinion that triple talaq is sinful yet effective as an irrevocable divorce. See, e.g., Mulla p. 261-62; The Hedaya, p. 72-73, 83. On the other...
Meghalaya high court judge S R Sen on Friday issued a “clarification”, saying neither was his judgment politically motivated nor did he say anything against secularism, and asserted that his order had been “misinterpreted”. In the ‘clarification from the...
The difference between a khula divorce and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation. Mulla, p. 265. The Hanafi school believes that all...
In Jowitt’s dictionary of English Law, Edition-II, Sweet & Maxwell, divorce was a term used by the ecclesiastical courts to signify an interference by them with the relation of husband and wife. It was of two kinds – a...
Islamic jurisprudence-Islamic jurisprudence (fiqh) has developed from four roots (usul al-fiqh):- (1) The Quran; (2) the hadis3 or sunna; (3) Ijma4;; and (iv) Qiyas5. Employing these usul al-fiqh, the ulema (the learned) conducted a scientific and systematic inquiry. This...
The marriage under Muhammadan law is in the nature of a contract and as such requires the free and unfettered consent of the parties to it. Normally speaking, a man and a woman should conclude the contract between themselves...
The marriage under Muhammadan law is in the nature of a contract and as such requires the free and unfettered consent of the parties to it. Normally speaking, a man and a woman should conclude the contract between themselves...
In Shamim Ara Vs. State of U.P. and Another, this Court considered valid ‘Talaq’ in Islamic Law. This Court while discussing the correct law of ‘Talaq, as ordained by the Holy Quran observed that Talaq must be for a...
The 'Khula' is a mode of divorce which proceeds from the wife, the husband cannot refuse subject only to reasonable negotiation with regard to what the wife has offered to give him in return.