Q 177 In the case of a divorce by Khula, although it is by consent between husband and wife, the initiative for divorce is (a) of the wife (b) is of the husband (c) is of both (d) may be of the wife or the husband. Years A Q 178 A Khula divorce is a matter of quid pro quo/compensation. This consideration/compensation results from a) husband to wife (b) wife to husband, (c) simultaneously (d) either (a) or (b), but this is only a possibility. B Q 179 Divorce from khula is effected by an offer by the wife to compensate the husband if he releases her from his matrimonial rights and accepts the husband`s offer. Once the offer is accepted, it is considered (a) a revocable divorce until the expiration of the iddat (b) a revocable divorce until the execution of the khulanama (c) a revocable divorce until the issuance of the khulanama to a single irrevocable divorce. (d) irrevocable single divorce. Interestingly, the temporary husband and wife can extend the contract, but the husband has to pay the amount to the bride anyway. The husband has the unilateral right to revoke the marital sign of his superior position in the relationship. But the woman may refuse to be intimate with him or even leave him, but in this case she must repay the amount she received from him. 18. The marriage contract may be terminated by the husband 1. The best way to resolve conflicts over the rights of minority women was to establish new representative bodies with special provisions to ensure adequate representation of women. In Shah Bano`s case, this would have meant creating a new mechanism to administer the personal rights of Muslims, rather than simply recognizing the Muslim Personal Law Council as the legitimate representative of the Muslim community.
The creation of a new mechanism is more sensitive to the political reality of Muslims in India, which is that they are made up of widely dispersed groups characterized by significant differences. Certain precautions should also be taken to ensure that Muslim women have access to the institutions that set the rules of their lives. 23. If a muta marriage is not consummated, the wife is entitled to A husband is obliged to pronounce a Talaaq formula three times, for three consecutive tuhrs. It is important that statements are made if sexual intercourse does not take place during a period of Tuhr. The marriage is irrevocably dissolved, regardless of the duration of the marriage. TO C Q112 Which of the following is not a defence of the wife`s right to dowry (a) the fixed amount is excessive (b) the amount exceeds the husband`s resources (c) both (a) and (b) (d) neither (a) nor (b). TO C Q113 If the amount of the dowry has been declared, (a) the husband may be compelled to pay the full amount, however excessive it may seem; (b) the husband may be compelled to pay only a reasonable amount; (c) the husband may be forced to pay the minimum amount if the declared amount is not within his reach; (d) the husband may be exempted from any amount. A Q 114 If the widow`s amount is not fixed, a woman`s usual or appropriate dowry shall be determined. Since marriage is void from the outset, no rights or obligations arise and the children resulting from such marriage are illegitimate. A marriage prohibited by the rules of consanguinity, kinship or foster care is null and void. Similarly, a marriage to someone else`s wife or divorced woman during the IDDAH period is also null and void.
16. A marriage contracted as a muta, which indicates the dowry but does not prescribe the period of cohabitation The term literally means “marriage of pleasure”. The Muta marriage is a fixed-term agreement for a limited period of time that both parties have agreed upon. There is no prescribed minimum or maximum period, it can be one day, one month or one year(s). The marriage dissolves at the end of the agreed period, but if no period has been pronounced or written, the marriage is presumed to be permanent. This type of marriage is considered prostitution by Sunni Muslims and is therefore not approved by Sunnis. It is a form of Islamic divorce that is instantaneous in nature. It allows any Muslim man to legally divorce his wife by giving the word “Talaaq” three times orally, in written or, more recently, electronic form. This is widespread among Muslims in India, especially among followers of the Hanafi school of Islam. This is also known as the “Triple Talaaq” and has been the subject of debate and controversy. Muta marriage is extended for the entire period of cohabitation and establishes reciprocal inheritance rights between husband and wife when the marriage is consummated.28 The duration of the prescribed iddat in the event of dissolution of the muta marriage is that neither husband nor wife acquires a right to the other`s property as a result of the marriage.
There have been numerous cases before the Supreme Courts and the Supreme Court where the court has declared the immediate triple talaaq invalid. In Shamim Ara v. State of the U.P., the Court held that because of the absence of formality or the existence of an obstacle that can be remedied, a marriage becomes irregular, but that this irregularity is not permanent and can be corrected. Thus, the marriage itself is not illegal. It can be made valid as soon as the bans are lifted. Marriage in such circumstances or with subsequent prohibitions is called “fasid”. However, it is considered legitimate by the Twelver Shia sect that predominates in Iran and makes up 90% of India`s Shia population. In Iran, the word mut`ah is only used occasionally and this practice is called “Sigah”. The rules for Sigah are established for, for example, – the temporary marriage contract can be concluded for one hour up to 99 years; It cannot be indefinite. This provision distinguishes mut`a from nikah or permanent marriage, which has no time limit.
But just like in Nikah, in Sigah, the bride must receive a financial advantage. Divorce according to Muslim law: The firm union of man and woman is a necessary condition for a happy family life. Islam therefore insists on the existence of marriage and prescribes that a breach of the marriage contract must be avoided. Initially, no marriage is contracted to be dissolved, but under unfortunate circumstances, the marriage contract is broken. Muslim marriage: Nikah in pre-Islamic Arabia meant various forms of sexual relations between a man and a woman established under certain conditions, in pre-Islamic times, women were treated as movable property and received no inheritance rights and were absolutely dependent. It was the Prophet Muhammad who brought about a complete change in the situation of women. The right of Muslim women to dissolve marriage: Divorce among former Arabs was simple and frequent. In fact, this trend has continued to some extent in Islamic law. It was considered by the Prophet to be the most odious of all things permitted before Almighty God; for it prevented marital happiness and interfered with the proper education of children.
Guardianship under Muslim law: The source of guardianship and custody rights are certain verses of the Quran and some Ahadis. The Qur`an, the Alladis and other authorities of Muslim law speak insistently of guardianship over the minor`s property, guardianship over the person is a simple conclusion. Custody under Muslim law: The first and foremost right to custody of children belongs to the mother and she cannot be deprived of her right until she has been convicted of wrongdoing. The mother has custody as long as she is not disqualified. Interview under Muslim law: Under the Women`s (Protection of Rights in the Event of Divorce) Act 1986, the purpose of the law is defined as “the protection of the rights of Muslim women who have divorced or divorced their husbands.” Sources of Islamic Law: Various sources of Islamic law are used by Islamic jurisprudence to explain Sharia, the body of Islamic law. The primary sources generally accepted by all Muslims are the Qur`an and the Sunnah. Cruelty as a marital offense under Muslim law: Cruelty in the marital relationship is a behavior of one spouse that negatively affects the other. Cruelty can be mental or physical, intentional or unintentional. If it is physical, it is a question of fact and degree. The Supreme Court declared Triple Talaaq “unconstitutional” in August 2017.