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#11
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yup...
According to muslim school of thoughts there are 3 ways of divorce.....
1. by husband 2. by court 3. by khula as your question.. Haq-e-Tafweez-e-Talaq is another option for dissolution of marriage under which a woman is granted the right to annul her marriage. A broad consensus exists among Muslim jurists that Islam gives a woman the right to seek this power from her husband, and it can be delegated by him to her both verbally as well as in writing, at the occasion of marriage solemnization or afterwards, with different forms and conditions.[53] If she has this right, she can divorce herself and dissolve the marriage. Once this right is delegated, it cannot be repudiated. The husband’s right of divorce remains intact even after he delegates it to his wife. MFLO also acknowledges this right. Accordingly, in Column 18 of the current nikahnama (standard marriage contract form), the husband may delegate the power of divorce to his wife with conditions arrived at by the parties. In the event that the wife subsequently exercises this right, she is required to send the divorce notice to the Chairman of the Arbitration Council, who issues a divorce certificate if reconciliation efforts from the platform of the Arbitration Council fail. This option is rarely availed by women in Pakistani society, mostly because of ignorance about this provision in the nikahnama. The parents of a bride also do not seek this right for their daughter considering it a bad omen for the beginning of her marital life. Although the option is there on the official nikahnama, people normally cross it out, often without even consulting the bride. Notably, however, in the literate class in urban areas in general and in the aristocracy in particular, an increasing number of women are seeking this right, especially on the occasion of marriage. In sum, though there is no religious or legal dispute on this issue, owing to lack of awareness and superstitious thinking, few women avail this option while men normally do not support it. my currnt post can also help u ..... |
#12
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Section 2 of the Dissolution of Muslim Marriage Act 1939 provides a woman the right to terminate her marriage if her husband:
• is missing, • has failed to provide maintenance, • is sentenced to imprisonment for seven years, • has failed to perform marital obligations, • is impotent, • is insane, • is suffering from leprosy or venereal disease, • is cruel, • is associated with women of evil repute, • attempts to force her to lead an immoral life, • dispossesses her of her property, or • obstructs her from practicing religion. 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. (This right is discussed further below in the discussion of khiyar-al-buloogh.) It needs to be underlined that both Islam and the laws of the land allow a woman to approach the judiciary for the dissolution of her marriage. In reality, however, the stumbling blocks are so many and so insurmountable that only a small portion of suffering women dare to seek relief and justice through courts. Society’s overall disapproval, lengthy litigation processes, high costs, lack of support from parents, and mental and physical stress are some of the difficulties that keep most suffering women away from the courts. Delegation of the Right of Divorce to Women – Haq-e-Tafweez-e-Talaq Haq-e-Tafweez-e-Talaq is another option for dissolution of marriage under which a woman is granted the right to annul her marriage. A broad consensus exists among Muslim jurists that Islam gives a woman the right to seek this power from her husband, and it can be delegated by him to her both verbally as well as in writing, at the occasion of marriage solemnization or afterwards, with different forms and conditions.[53] If she has this right, she can divorce herself and dissolve the marriage. Once this right is delegated, it cannot be repudiated. The husband’s right of divorce remains intact even after he delegates it to his wife. MFLO also acknowledges this right. Accordingly, in Column 18 of the current nikahnama (standard marriage contract form), the husband may delegate the power of divorce to his wife with conditions arrived at by the parties. In the event that the wife subsequently exercises this right, she is required to send the divorce notice to the Chairman of the Arbitration Council, who issues a divorce certificate if reconciliation efforts from the platform of the Arbitration Council fail.
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"Our Greatest Glory is not in never failing, but in rising up every time we fail." |
#13
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Keeping aside the islamic law regarding device,what is left in marriage if one of the spouses is bent on breaking this bond ?
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