Divorce under Muslim Law

  • Rishav Garg
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  • Rishav Garg

    Student at Law College Dehradun, Uttaranchal University, India

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Abstract

We will discuss the forms of divorce (talaq) under muslim law. In the muslim law there are various forms of talaq under shia law or judicial divorce at suit of wife. Some time wife has right to divorce her husband or husband has right to divorce his wife. In the muslim law divorce is a kind of uninhibited thing and under the muslim law divorce is the category of permissible thing or divorce should also considered under the most despicable of the permissible thing. Divorce by talaq means that when the husband is sound mind and he attain the age of puberty then he divorce his wife without any reason. Supreme court announced the judgment on the triple talaq and court says that triple talaq is a illegal practice in india and now it is a illegal practice and muslim marriage should dissolve under triple talaq than marriage can not be dissolved. If the marriage should dissolve under the triple talaq than husband should be punished by the court and the punishment is upto 3 years of imprisonment. This is a innovative step taken by the Indian court of justice and legislative assemble. Talaknama means that talaq should be effected in the way of orally or by a written documents this is called talak by oral or in writing (talaknama). Talak ahsan or talaq hasan also the forms of talaq under the muslim law. Talaq in the case of ahsan mode talaq become irrevocable.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 903 - 915

DOI: https://doij.org/10.10000/IJLMH.111475

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