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Old Thursday, September 08, 2011
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ALI SB ALI SB is offline
39th CTP - DMG (1st AJK)
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[QUOTE=islah_G;349553]
Quote:
Originally Posted by ALI SB View Post
well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.
DMMA 1939 includes the following headings.
1, Abscence of HUsband
2, Failure to provide maintenance
3, Imprisonment of Husband
4, Failure to perform Marital obligation
5, Impotency of HUsband
6, Insanity of husband
7, Repudiation of HUsband
8, Cruelty of HUsband
9, Lian or imprication
10 any other good ground.
I think after a short introducion explaining all these heading will make a good answer.
ALI SB, I am just hanked when u mentioned Khulla in DMMA 1939, That some one who got allocation in DMG having Muslim law also dont know DMMA 1939 by ading Khulla in it......but i am sure it must be a mistake on ur part.
DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
again i mentioned 'Khulaa -mode of dissolution" and "Right of Khulla under DMMA "

yes dear the right of Khula pakistan man DMMA ka under hi grant hua hay... can u mention the Law for the grant of Khula other than DMMA??? plz do mention so that i may Correct practice in Pakistani courts accordingly wherein Since 1939 , DMMA is used for grant of khulla...

did i mention anywhere that Khulla is Ground under DMMA??????

secondly i mentione dfollowing headings to gv some anaylytical touch to my answer. the examiner now a days doesnt want stero type answer dear.. we r asked for anylytical approach...

Basis of Khula in Islam:

Equality to women and check on husband arbitrary power of talaq and second marriage to sm extant too...

Comparative study of right of Khula to muslim woman vs ither religions: other religion never granted such prestige and status to a lady... islam provided this right..

Drawbaks in DMMA 1939: under Islamic Shariah the Qazi has to order the husband to pronounce Talaq to lady in court so that she may be released from marriage bond.. but in Pakistan, its the court which orders the Divorce even in the absence of husband... this approach is entorely against shariah... the solution is that the court issue warrants of husband to bring him into court or attach his property and make him bound to appear and pronounce talaq... this is the basic drawbak..u know he who binds the knot of marriage , he can only un-knot it.. so judge cant pronounce Talaq to a wife petitioner.. Judge must order the husband to pronounce...

this was the point for which i added this heading bravo... and i dont think so k kissi guide man apko ye analytical ans milay ga...

even then what ever i felt about ur remarks about my DMG, i have no Ill feelings now Bravo...

Calm n Cool
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