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For a divorce to be effective under Jewish law, a man must grant his wife a Jewish divorce—a get—of his own free will. [2] Sometimes a Jewish woman can be held in a so-called "limping marriage" when her husband refuses co-operation in the religious form of divorce.
A form of khulʿ was adopted by Egypt in 2000, allowing a Muslim woman to divorce her husband without any fault. The law is so strict that only 126 women out of 5,000 women who applied for khul were actually granted. As a condition of the divorce, the woman renounces any financial claim on the husband and any entitlement to the matrimonial home ...
A woman who is denied a divorce from her husband is not considered an aguna until her husband refuses an order by a beth din (rabbinic court) to give her a get. What constitutes a legitimate request for a divorce is based on halakhic considerations and the particular case of the couple. See Mesorevet get below.
The divorce becomes final when the waiting period expires. This is called a "minor" divorce (al-baynuna al-sughra) and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a "major" divorce (al-baynuna al-kubra), after which the couple cannot remarry without an intervening consummated marriage to another ...
Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
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