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Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq (repudiation), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [1]
Only a person versed in Islamic law i.e. a qadi, or Islamic Sharia court judge, can grant the khulʿ without the husband's consent. When petition for khulʿ is taken to the Sharia courts, a judge is permitted to substitute the husband and annul the marriage.
Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death. [44]
The theory and practice of divorce in the Islamic world have varied according to time and place. [54] Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. [55] Historical practice sometimes diverged from legal theory. [55]
Divorce under Islamic law may take many forms. If a woman wishes to divorce her husband she has two options: seek a tafriq, or seek a khulʿ. A tafriq is a divorce for certain allowable reasons, such as abuse or abandonment. This divorce is granted by a qadi, a religious judge. If a tafriq is granted, the marriage is dissolved and the husband ...
Nik Ahmad Kamal Nik Mahmod, a law professor at Malaysia-based Taylor's University, said Friday's decision could have a "domino effect" with sharia laws in other states likely to see similar ...
The Islamic Sharia Council (ISC) is a British organisation that provides legal rulings and advice to Muslims in accordance with its interpretation of Islamic Sharia based on the four Sunni schools of thought. It primarily handles cases of marriage and divorce and, to a lesser extent, business and finance. [3]
Critics say amendments that allow sect-based jurisprudence to govern personal matters, such as marriage, divorce, and inheritance, could institutionalise legal divisions between Sunni and Shi'ite ...