Furthermore the women now has exclusive rights in case the husband commits rape or sodomy. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask. In the light of these guidelines, Muslim jurists set out the detailed rules for all matters related to divorce. The basis of the Islamic law of divorce is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. For example, if he takes another wife without my consent, or not even telling me, or lying about his intent. Then the English Matrimonial Clauses Act, 1857 was passed which was then amended by the Matrimonial Act 1923 and provided for the equal status of men and wife. The dissolution was permitted on sole grounds of desertion or cruelty without proving the involvement of adultery in it.
She can also dissolve her marriage if it was arranged before she reached the age of puberty, whether with consent or without her consent, solely by declaring that she has now become an adult and does not recognize the marriage. But sometimes breaking this bond becomes an inevitable change which needs to be brought keeping in mind the contemporary and future aspects of the two. Although the option is there on the official nikahnama, people normally cross it out, often without even consulting the bride. It was held by privy council that if under the muslim law no wife can separate herself from her husband then such law is clearly contrary to the principle of natural justice. It may be subtle or brutal.
In a suit to which clause i of section 2 applies- a the names and address of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint, b notice of the suit shall be served on such persons, and c such person shall have the right to be heard in the suit: Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs. If any incident perpetrated by the husband with cruelty had made her communal life miserable then that would amount to cruel treatment as envisaged in the clause. In Noor Jahan Bibi v. Marriage tie between them was dissolved by a decree of divorce under the Act. Muslim women can seek divorce at the court of law. Delegated Divorce Delegated divorce is also referred to as the Talaq-i-tafweez, where tafweez refers to delegating something. The court issues notices to all such persons appear before it and to state if they have any knowledge about the missing husband.
The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage: Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2; Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith. Search Dissolution of Marriage Under Islamic LawMarriage, while an institution of critical and central importance in the Islamic legal landscape of social relations, was not required or necessarily expected to be a permanent one. The practice of polygamy was widely prevalent and divorce was resorted to more by virtue of habit rather than being a necessity. See also Copyright © All Right Reserved Content on this website is purely academic in nature. Section 2 of the 1939 Act gives this power to the kazi. It is to be noted that the term cruelty includes habitual assaults, concubinage, associated with the women of ill repute or leads an infamous life, attempts to force her to live her an immoral life, dispose of her property, or prevent her to exercise her legal rights, obstructs her in the observance of her religious profession or practice and if Muslim husband has more than one wives, he doesn't treat her equitably. This case was decided in favour of wife by the privy council.
There is therefore no jurisdiction in introducing the words without reasonable cause into Cl. More of women organizations should be encouraged because of the fact that the women's organizations have played a remarkable role in highlighting the plight of the Muslim women. A husband may divorce his wife by repudiating the marriage without giving any reason. In other words talaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law. The act defines the grounds for divorce and the procedure for the purpose.
Once this right is delegated, it cannot be repudiated. Such a marriage under the Special Marriage Act is perfectly valid in law. The progressive elements within the Muslim community must make themselves known to the self-styled regressive leaders and to the State and demand a gender-just codified Muslim law. The most common form of Talaq among Muslim community is the Talaq-al-biddat which refers to the divorce of wrongs innovation. The point lies in the statutory words 'makes her life miserable' and the social status and standard of self-respect of the wife should be decisive to ascertain if the man's conduct amounts to cruelty. Fyzee iterates that the biggest defect in the Islamic system is the unfettered power of divorce being vested in the hands of a Muslim husband.
But the position which it accrued to women was of great unequal status. There is a widespread misconception that, in Islam, men alone are empowered with the right to dissolve their marriages. Effect of conversion to another faith 4. Now the courts would focus on checking what would be the best course of action and then the Indian Court shall pass a decree under the clause residuary 2 ix of the Dissolution of Muslim Marriage Act 1939. Ø The secondary data as it has always been important for the completion of any report provides a reliable, suitable, equate and specific knowledge. Paras Diwan — Muslim Law in Modern India 95 9 th Ed.
In this, divorce is pronounced three times, with a gap of one tohar period of the wife between each pronouncement, so that each party has ample time for reviewing its standpoint regarding the dispute. It is advisable that the bride and groom personally read this form carefully and consider and deliberate upon it well in advance before signing it as this document lists the rights and obligations of both parties, their personal details and expectations, amount of Mahr and how it can be changed, restrictions on either parties, consequences in case of disagreements or divorce, etc. Some aspects of the law like the right of Muslim women to seek divorce and the post-divorce maintenance have been codified. In fact, this tendency has even persisted to some extent, in Islamic law. Effect of conversion to another faith. However, there are certain practices in Pakistan, which are often in blatant violation of Islamic teachings, largely due to public ignorance of Islamic teachings and weak implementation of laws, and partly to weaknesses in the laws.