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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]
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.
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 ...
Sharia plays no role in secular legal systems. In mixed legal systems, Sharia rules are allowed to influence some national laws, which are codified and may be based on European or Indian models, and the central legislative role is played by politicians and modern jurists rather than the ulema (traditional Islamic scholars).
The theory and practice of divorce in the Islamic world have varied according to time and place. [60] 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. [61]
While divorce may carry a negative connotation, it's still common. Recent data from the Census Bureau indicates that about 30 percent of marriages end in divorce. When people are losing a life ...
Nikah halala (Urdu: نکاح حلالہ), also known as tahleel marriage, [1] is a practice in which a woman, after being divorced by her husband by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. [2]