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The amount of the mahr generally depended on the socio-economic status of the bride. The payment of a portion of the mahr was commonly deferred and served as a deterrent to the exercise of the right of unilateral divorce by the husband, although classical jurists disagreed about the permissibility and manner of deferring payment of the mahr. [33]
The case caused the Congress government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the judgment of the Supreme Court and restricted the right of Muslim divorcées to alimony from their former husbands for only 90 days after the divorce (the period of iddah in Islamic law).
Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
BJP leaders said the new code is a major reform, rooted in India's 1950 constitution, that aims to modernise the country's Muslim personal laws and guarantee complete equality for women. A 2013 ...
In China, divorce law is the fourth chapter of Marriage Law which has been firstly passed since 1950. Divorce could not be sought by women before the law. The law ensures the freedom of marriage (to marry and to divorce) and prevents others' interference. [121] Generally speaking, there are two methods to ask for a divorce:
Divorcing Muslim women who did not work outside their home after marriage, except for the deferred mahr, are left with little or no claim on the collective wealth of the couple. The deferred mahr is considered a debt owed by the man to the woman, and is owed even if he has no assets. [22] [23] Divorce under Islamic law may take many forms.
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