Professional Documents
Culture Documents
Dibyaroop Padhi
LLB2301003
- Book Source:
Textbook on Muslim Law
Dr.Rakesh Kumar Singh
In this Presentation :
1. The Islamic concept of Divorce
2. Different Kinds of Divorce
3. Divorce without the Intervention of the Court – TALAQ
4. SHAH BANO Case – a factual analysis.
5. Halala
6. Delegated Divorce
7. Divorce with the Judicial Intervention of the Court – Faskh
8. Dissolution of Muslim Marriages Act, 1939.
9. Merits/Demerits
10. Restitution of Conjugal Rights
11. Dissolution of Muslim Marriages - Overview
The Islamic Concept of Divorce
Introduction History
01 Prophet Mohammed :
‘with Allah, the most detestable of
02 Pre-Islamic Arabia :
Divorce as a method of Torture,
all permitted things is Divorce.’ Caprice by Husband.
Tradition Culture
03 Divorce is not favoured in Islam
and is permitted only in
04 After exhausting all methods of
reconciliation, Divorce is
exceptional circumstances. inevitable.
Different types of Islamic Divorce :
1. Divorce without the intervention of the Court:
a. Talaq
i. Talaq-ul-Sunnat – By Husband
ii. Talaq-ul-Biddat - By Husband
b. Illa - by Husband
c. Zihar – by Husband
d. Talaaq-i-Tafweez – by Wife
e. Khula – by mutual consent
f. Mubarat (by Mutual Consent) Dissolution of Muslim Marriages Act, 1939.
2. With the Intervention of the Court
a. Judicial Divorce – by Wife
b. Lien – by Wife
Talaq
Khula (Redemption)
Divorce by the wife with the consent of her
husband on payment of something to him.