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Old Monday, April 04, 2011
azeemkazi azeemkazi is offline
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Law Of Divorce:
Under Islamic and law of the country, in marital disputes, the husband is allowed to divorce his wife. Divorce (Talaq) is the most disliked act in the ALLOWED (Halal) acts by Allah. The husband can divorce his wife without even telling the reason to the wife or obtaining her consent.
Religious And Legal Modes Of Divorce:
1. Talaq-e-Ahsan: According to the Holy Prophet (PBUH) Talaq-e-Ahsan is the best mode of divorce.
2. Talaq-e-Hasan: In this mode of divorce, the husband pronounces Talaq each coming month during the “Taha’r” period.
3. Talaq-e-Bida’ie: In this mode of divorce the husband pronounces Three Talaqs at the same time.

Other Modes Of Divorce:
1. Khul’a: Khul’a is the right delegated to the wife in marital situations where wife develops intense dislike and hatred towards the husband.
2. Talaq-e-Tafve’z: This mode of divorce is delegated to the wife at the time of Nikkah. This delegated right to divorce to the wife may be conditional or otherwise. The wife can use her right to divorce the husband at any time without seeking the court’s help.
3. Khyar-e-Balough (Option Of Puberty): Marriages celebrated in situation where both bride and the groom are of lesser age, such marriages cannot be registered. In Islam the right to marriage of the minors is delegated to their respective “Wali” (Guardian). The Wali can give his minor son/daughter into marriages but the minor, on attaining puberty or becoming legally major can approach the court to nullify such marriage using his/her option of puberty or Khyar-e-Balough. The husband can divorce his wife using this right but the wife has to approach court to use her such right.
4. Mubara’t: In Mubara’t the husband and the wife dissolve their Nikkah on mutual consent and agreement without intervention of the court. However, both the parties are legally bound to fulfill the mutually agreed conditions of Mubara’t. The Holy Quran has allowed divorce on such mutually agreed conditions.
5. Il’a: Il’a (Eila) is the mode of divorce in which the husband does not use the word of ‘Talaq’ instead he swears to end the relationship of husband and wife.
6. Zaha’r: In this mode of divorce the husband does not use the word of “Talaq” to the wife instead he uses words like ‘mother’ ‘sister’ or any other female relationship who fall within the prohibitory degree and with whom his Nikkah cannot be performed.
7. Lia’n: Lia’n is defined as that when the husband accuses the wife of adultery but he does not produce four eye witnesses. This mode of Talaq is complete and effective after following a certain procedure in the court.

Legal Reasons Required For Dissolution Of Marriage By The Wife:
According to Dissolution of Muslim Marriage Act 1939, the wife can file suit for dissolution of marriage if any of the following reasons exists.
1. The wife does not know whereabouts of the husband for four years.
2. The husband fails to provide the wife with maintenance for two years or more.
3. The husband has married again without taking permission from the existing wife or from the chairman conciliation council.
4. The husband is awarded seven years imprisonment by the court.
5. The husband has failed to perform nuptial duties for three years without any reason.
6. The husband was impotent at the time of marriage and it continues.
7. The husband is insane for two years or he has contracted leprosy or any other acute illness.
8. The husband maltreats the wife physically or mentally.
9. The husband is involved in criminal or immoral activities or he pressurizes the wife to indulge in immoral activities.
10. The husband wastes away moveable or immoveable property of the wife without her consent or he does not allow the wife to sale/purchase of her owned property.
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