DIFFRENCE OF PROCEDURE OF

DIVORCE IN INDIA AND TURKEY

INTRODUCTION
 Credit for origin of ISLAM goes to Prophet
Muhammad. Who was born in Mecca in 570
AD. Many Muslims are in favour that Islam
has banned the representation of Prophet
Muhammad.
 Even people are not allowed to depict him in
any shape or any form.
ISLAM AFTER PROPHET
 During his time Islam  He expanded area of
was expanded to the Islam to Arabian
areas of Iraq, Penninsula and Egypt.
Palestine and Syria.  12,000 mosques were
 He ordered the built during his time.
compilation of Quran.

ABU BAKER UMAR

ISLAM AFTER PROPHRT
 Cyprus, much of  . He transferred the
Balkans and North capital city to Kufa
Africa was added to from Mecca.
Islamic area.  He is the last Caliph.
 Task of compilation of
Quran into one single
volume was done and
sent to all sectors of
Islam.

UTHAMAN ALI
UMMAID ●
Ummaid Dynasty came in power
in 661AD.
. First Islamic school of
DYNASTY
●

jurisprudence was established

THE Doctrine of Constitutionalism was brought

●

●
every community was represented by council of
state.
Traditions of Prophet Mohammad were collected

ABBASIDS
●

and jurisprudence of source of Islamic law were

codified and written.
MUSLIM IN INDIA
•13.4% of Indian
population comprised of
Muslim.
. Out of them majority
of them are sunnis,
mostly Hanafi.
Lakshdweep and J&K is
the only muslim
majority state in India
MUSLIMS IN
TURKEY

Turkey is the only

Muslim country in
world with no state
religion and 98.6%
Muslim population.

19.7% of total
population of Turkey
belongs to Shia sect
DIVORCE IN TURKEY
 October 25, 1917, the Ottoman Family Law was
enacted
 This was an eclectic law, which reflected and
amalgamated the views of different juristic
schools of Islam.
 The law tried to give marriage a more official
character by stating that the unilateral Talaq
(statement of divorce) in the presence of two
witnesses did not suffice to terminate a
marriage.
 The presence of a judge or a deputy was
required by the law
CONT.
 every marriage and divorce had to be legally
organized according to state procedures.
 The law also granted a wife two new
grounds for divorce.
 For the first-time age limits for marriage
were set.
 The new law also allowed women, at the
time of betrothal, to write into the marriage
contract that if the husband takes another
wife, her marriage would be immediately
null and void.
 . The grounds for divorce are limited and are
specified under Articles 161 to 166 of the
Civil Code (Law No 4721).
 If one of the grounds can be established, this
is sufficient to file for divorce
 in secular Turkish law there is solely one way of
divorce, which is through a decree granted by a
court of civil jurisdiction on the ground that
the marriage has irretrievably broken down.
 The judge can either declare the marriage void,
if the conditions for a valid marriage do not
exist; or grant an annulment; or decide to grant
a divorce or separation. The Code had made
divorce by collusion or mutual consent difficult
for many years.
 However, the new revision in the Civil Code
makes a divorce by mutual consent possible.
SPECIAL GROUNDS FOR DIVORCE ARE BASED ON CONCRETE
FACTS AND INCLUDE:

 Mental illness.
 Adultery.
 Cruelty.
 Desertion (for a period exceeding six
months).
 Criminal conviction.
 Addiction.
GENERAL GROUNDS FOR
DIVORCE ARE-
 Breakdown of marriage.
 Consensual divorce.
 Nullity
 Invalidity.
WAYS OF DIVORCE
 It is considered to be
in accordance with
the dictate of prophet
Mohammad. It has
two forms
1. Talaq -i-sunnat ( Revocable)
 Instantaneous divorce,
or triple Talaq, that
was struck down by
Supreme Court.
 This practice goes back
to the 8th century.
 even the Hanafis call it
"sinful form of divorce"
but "good in law"
2. Talaq -biddat(Irrevocable
TALAQ- E- SUNNAT(REVOCABLE)
 It consists of a single  In this the husband is
pronouncement of required to pronounce
divorce made in the the formula of Talaq
period of tuhr (purity, three time during three
between two successive tuhrs.
menstruations), or at  It is necessary that each
any time, if the wife is of the three
free from menstruation. pronouncements should
 Husband must abstain be made at a time when
himself from intercourse no intercourse has taken
for the period of iddat. place during the period
of tuhr.
Ahasan(Most Proper): Hasan(Proper
TALAQ – E-
BIDDAT( IRREVOCABLE)
 In this husband pledges  : In this husband does
to not to indulge in
sexual intercourse with
his wife for the period
of 4 months and at the
end of 4 months if
husband has
successfully completed
his pledge the divorce
becomes final
a). Ila.
not cohabitate with
his wife for the period
of four months after
expressly comparing
her with either his
mother or sister. At
the end of 4 months
divorce becomes
final.
b. Zihar
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON
MARRIAGE ), BILL 2019.

 The Bill makes all declaration of talaq,

including in written or electronic form, to be
void (i.e. not enforceable in law) and illegal.
 It defines talaq as talaq-e-biddat or any
other similar form of talaq pronounced by a
Muslim man resulting in instant and
irrevocable divorce.  T
 Offence and penalty:  The Bill makes
declaration of talaq a cognizable offence,
attracting up to three years’ imprisonment
with a fine.