Muslim family law

Dissolution of marriage:

Dissolution of marriage means “cutting off or repudiation of marriage”

Following is the classification of dissolution of marriage:

1). By the death of a spouse,

2). By the act of parties:- are farther divided into two kinds:

i).by husband :- may through :

a). talaq b). Ila c). Zihar

ii). By the wife:

a). through a talaq tafwid (delegated divorce)

3). By common consent :- farther divide into two kinds;

i). khula (redemption),

ii). Mubarat (mutual freeing).

4). By Judicial process:- farther divide into two kinds:

i). lian (mutual imprecation)

ii) Faskh (judicial recession)

Talaq:

It comes from a root “tallaqa” which means to release froma tether. In literral
sense talaq means “speration”. Technically talaq means “ termination ofv
relationship of marriage”

Tlaq is right which only given to the husband. Any muslim of sound mind and who
has attained puberty may pronouce talq:

i). by himself,

ii). Through any person including the wife empowered to pronounce talaq
(delegated talaq).

Period of talaq:

Talaq is strongly prohited in the time of mensturation.

When a person do sex with woman during the purification period so it is also not
allowed to divorce wife .

Islam says give talaq on strong basis. If a person give talaq for unreasonable
reason, then divorce will occur but there is sin for him.

Classification of talaq:

I). Classification of talaq with regards to attribures:

Classification of talaq on the basis o attributes are as following:

a). talaq Ahsan:

talq ahsan is a single pronouncement in the period of tuhr, followed by abstinence
from sexual intercourse durind the period of purity as well as durind the whole
period of iddat. That type of talaq can be revoked at any time before the
completion the period of iddat. It is also called talaq ul sunnat.

b). talaq hasan:

it also aproved form but less than talaq ahsan form. Itv consist of three successive
pronouncement during three consecutive tuhr. When the third pronouncement is
made, the talaq becomes final and irrevocable. It is also called talq ul sunnat.

c). talaq bidat

in this form talaq is made in a single tuhr either in single pronouncement eg:- “I
divorce you thrice” or in three separate sentences. when the this type of talaq is
made the marriage stand dissolved irrevocably.

II). Classification of talaq with regards to its consequence:

Are of two types:

a). talaq raji:

a talaq which is revocable is called talaq raji.

Legal consequence of talaq raji:

1. It does not dissolve marriage.

2. Husband has right to restore marriage.
3. Wife has right of inheritance.
4. Husband is not allowed to marry with fifth wife.

b). Talaq bain:

a talaq which is irrevocable , is called talaq bain.

Types of talaq bain:

1. Bainunah sugrah,

2. Bainunah kubrah.

III). Classification of talaq with regards to its words:

Are of two types:

a). express :

a talaq in which husband use the words clearly. It does not depends upon intention.

b). Implied:

in this husband use words other than words of talaq. According to majority it
depends upon intention.

Legal status of triple talaq in one session:

According to majority three talaq in one session consider as a three talaq.

According to zahri zaidi , three talaq in one session will be consider as a one talaq.

Modern legislation in India, Markish says, that three talaq in one session will be a
single talaq. Islamic ideology council also give same opion of a single talaq.

There are two opinion about these.

First Opinion:

i). Umar bin Qais give three talaq in one session to Fatima , one person came to the
prophet Muhammad (saw) and told this, Muhammad (saw) said there is no
maintenance for her.

Now according to this hadith the three talaq in one session will consider as three
talaq.
Second opinion:

i). Rukhsan yazid gave three talaq to his wife in one session and he became
depressed and went to Muhammad (saw) and told this, Muhammad saw said that
go and raju with her.

Now according to this hadith , three talaq in one session will be a one talaq.

Khula (Redemption):

The word Khula literally means to put off. In law Khula means lying down by an
husband of his right and authority over his wife for exchange.

Essential of Khula:

i). Common consent of husband and wife,

ii). Some return or consideration from the wife to husband.

Dalil:- a woman namely Jamila went to Muhammad saw and said I did not like my
husband namely sabit. he is very good but I did not like , Muhammad saw says
give him consider which you received as dower. Prophet Muhammad saw said to
sabit to talaq.

Quantum of consideration:

According to hanafi, it should be equal to dower. According to other it may more

than that of dower.

Talaq Tafwid (Delegated Divorce):

Delegated divorce means right of talaq delegated to to some other.

Kinds of delegated divorce with respect to the person:

i). Delegated to third person:- A husband in a Muslim law has the power to
delegated the right of pronouncing talaq to some third person. Such a power of
delegation is called tafwid.
ii). Delegated to the Wife:- :- A husband in a Muslim law has the power to
delegated the right of pronouncing talaq to his wife. Such a power of delegation is
called tafwid.

Kinds of Delegated talaq with respect to time:

i). absolute time: husband delegate his right of talaq to wife absolutely.

ii). Qualified time: means delegated talaq with some condition.

Kinds of talaq with respect to the words:

i). express:- delegation of talaq by using thes words:- divorce yourself.

ii). Implied:- eg. Your matter is in your hand.

Talaq tafwiz may be for forever, for specific time, and may without time.

Lian (Mutual imprecation):

Lian means testimony confirmed by oath and accompanied with imprecation.

Divorce by mutual imprecation is mentioned in the Holly Quran and is supported
by the tradition of the Holly Prophert MUHAMMAD saw.

Procedure of Lian:

Husband said four times that I am true in my blame and fifth time he said if I am
lie Allah curse upon me.

wife said four times that she is lie in her blame and fifth time he said if I lie Allah
curse upon me.

Legal consequence of Lian:

After Lian the relationship of marriage is repudiate. According to Hanafi it is talaq
bain . according to majority it is called fasik and they will not marry again. After
lian woman is entitled for dower.

Prohibited woman:

Are of two types:

1. Permanent prohibited,

2. Temporary prohibited.

Ila (Vow of Continence):

The term ila literraly means oath or vow.

Ila has four situation:

i). no time limit is fixed

ii). Time limit of four months

iv). Time limit of more than fore months

v). time limit of less than four months

if the swear is less than four months then for this just kafarrah.

Zihar :
Literally Zihar means Back. this is a inchoate divorce. In this the husband swear
that to him the wife is like the back of his mother, sister, or any other woman
within the degree of prohibited.

If a person control zihar that lady or wife remain his wife and divorce cannot occur
but he has to pay kafara for doing sexual relation.

Kafara:

i). free one slave.

ii). Two month of fasting continuously or

iii). Fooding to sixty people for one time.

Maintenance of wife during iddah:

A woman who gets divorce either one, two or three, maintenance must be paid to
her during iddah period.

Situations:

i). A woman divorce three at once,

ii. A woman gets single divorce,

iii). A divorced woman who is pregnant,

iv). A woman passing iddahb after khulaah,

v). A woman whi is separated by lia’n,

vi). A woman passing iddah due to apostasy.