Divorce (Islamic)
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Divorce (Islamic)
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love (''mawadda wa rahma'', 30:21) and important decisions concerning both ...
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Repudiation (marriage)
Repudiation is the formal or informal act by which a husband renounces his wife in certain cultures and religions. For example: * In Islam, a talaq divorce allows a woman or man to divorce their spouse (in Arabic, talaq), otherwise known as the formula of repudiation. * In Babylonian law a husband could repudiate his wife, at the cost of returning the dowry. * Repudiation is also a concept that existed in the Roman law * In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it. Inconsistencies in the law are an issue in repudiation of marriage due to different age requirements. See also * Divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divo ...
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Mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important role throughout Islamic history, taking on new roles in the modern era. Tracing its origins to the Quran and early Islamic communities, the practice of ''ifta'' crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (''madhahib''). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population. Traditionally, a mufti was seen as a scholar of upright character wh ...
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Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main and final Islamic prophet.Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: Oxford University Press. . (See alsoquick reference) "[T]he Muslims' understanding of Allāh is based...on the Qurʿān's public witness. Allāh is Unique, the Creator, Sovereign, and Judge of mankind. It is Allāh who directs the universe through his direct action on nature and who has guided human history through his prophets, Abraham, with whom he made his covenant, Moses/Moosa, Jesus/Eesa, and Muḥammad, through all of whom he founded his chosen communities, the 'Peoples of the Book.'" It is the Major religious groups, world's second-largest religion behind Christianity, w ...
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Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam
Reorienting the Veil, University of North Car ...
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Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases an ...
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Nikah
In Islam, nikah is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as ("temporary marriage") permitted only by the Twelver branch of Shi'ite for a pre-fixed period.Berg, H"Method and theory in the study of Islamic origins" Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014.Hughes, T"A Dictionary of Islam." Asian Educational Services 1 December 1995. Accessed 15 April 2014.Pohl, F"Muslim worl ...
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Umar
ʿUmar ibn al-Khaṭṭāb ( ar, عمر بن الخطاب, also spelled Omar, ) was the second Rashidun caliph, ruling from August 634 until his assassination in 644. He succeeded Abu Bakr () as the second caliph of the Rashidun Caliphate on 23 August 634. Umar was a senior companion and father-in-law of the Islamic prophet Muhammad. He was also an expert Muslim jurist known for his pious and just nature, which earned him the epithet ''al-Fārūq'' ("the one who distinguishes (between right and wrong)"). Umar initially opposed Muhammad, his distant Qurayshite kinsman and later son-in-law. Following his conversion to Islam in 616, he became the first Muslim to openly pray at the Kaaba. Umar participated in almost all battles and expeditions under Muhammad, who bestowed the title ''al-Fārūq'' ('the Distinguisher') upon Umar, for his judgements. After Muhammad's death in June 632, Umar pledged allegiance to Abu Bakr () as the first caliph and served as the closest adviser t ...
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Bid'ah
In Islam, bid'ah ( ar, بدعة; en, innovation) refers to innovation in religious matters. Linguistically, the term means "innovation, novelty, heretical doctrine, heresy". In classical Arabic literature ('' adab''), it has been used as a form of praise for outstanding compositions of prose and poetry. Traditional view In early Islamic history, bid'ah referred primarily to heterodox doctrines. In Islamic law, when used without qualification, bid'ah denotes any newly invented matter that is without precedent and is in opposition to the Quran and Sunnah. Scholars generally have divided bid'ah into two types: innovations in worldly matters and innovations in religious matters.''Al-Qawaa'id wal-Usool al-Jaami'ah wal-Furooq wat-Taqaaseem al-Badee'ah an-Naafi'ah'' by Abd ar-Rahman ibn Naasir as-Sa'di Some have additionally divided bid'ah into lawful and unlawful innovations, the details of which are discussed below. Introducing and acting upon a bid'ah in religious matters is ...
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Nikah Halala
''Nikah halala'' ( ur, نکاح حلالہ), also known as ''tahleel'' marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. ''Nikah'' means marriage and ''halala'' means to make something halal, or permissible. This form of marriage is haram (forbidden) according to the hadith of Islamic prophet Muhammad. Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq. Islamic law In classical Islamic law, a husband may divorce by simply announcing to his wife that he repudiates her (talaq). The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the divorce at any time during the waiting period (''‘iddah'') which lasts three full menstrual cycles. Resumption of sexual relations automatically retract ...
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Iddah
In Islam, ''iddah'' or ''iddat'' ( ar, العدة, al-ʿidda; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband. The length of ‘iddah varies according to a number of circumstances. Generally, the ‘iddah of a divorced woman is three lunar months (i.e. about 89 days), but if the marriage was not consummated there is no ‘iddah. For a woman whose husband has died, the ‘iddah is four lunar months and ten days (i.e. about 128 days) after the death of her husband, whether or not the marriage was consummated. If a woman is pregnant when she is widowed or divorced, the ‘iddah lasts until she gives birth. Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she might ...
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Makruh
In Islamic terminology, something which is ''makruh'' ( ar, مكروه, transliterated: ''makrooh'' or ''makrūh'') is a disliked or offensive act (literally "detestable" or "abominable"). This is one of the five categories (''al-ahkam al-khamsa'') in Islamic law – ''wajib/fard'' (obligatory), ''Mustahabb/mandub'' (recommended), ''mubah'' (neutral), ''makruh'' (disapproved), ''haram'' (forbidden). Though a ''makruh'' act is not ''haram'' (forbidden) or subject to punishment, a person who abstains from this act will be rewarded. Muslims are encouraged to avoid such actions when or as possible. It is one of the degrees of approval (''ahkam'') in Islamic law. Acts considered ''makruh'' can vary between different madhhabs due to differing scholarly interpretations of the Quran and Hadith, with Hanafi scholars in particular differing from the other madhhabs in regards to classification of ''makruh''. Overview Actions that are reprehensible and violate rules of Fiqh are consider ...
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Haram
''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning 'Forbidden'. This may refer to either something sacred to which access is not allowed to the people who are not in a state of purity or who are not initiated into the sacred knowledge; or, in direct contrast, to an evil and thus "sinful action that is forbidden to be done". The term also denotes something "set aside", thus being the Arabic equivalent of the Hebrew concept he, , ḥērem, label=none and the concept of (cf. sacred) in Roman law and religion. In Islamic jurisprudence, ''haram'' is used to refer to any act that is forbidden by God and is one of the five Islamic commandments ( ar, الأحكام الخمسة, al-ʾAḥkām al-Ḵamsa) that define the morality of human action. Acts that are haram are typically prohibited in the religious texts of the Quran, and the category of haram is the highest status of prohibition. If something is considered haram, it remains prohibited no matter how good the i ...
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