Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony, child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person.
Uniform civil code is the ongoing point of debate within Indian mandate to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. Article 44 of the Directive Principles expects the state to apply these while formulating policies for the country. Apart from being an important issue regarding secularism in India & fundamental right to practice religion contained in Article 25, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. Although Article 44 of the Indian Constitution guarantees UCC to all citizens,the debate arose when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce, polygamy in the country and putting it among the nations legally applying the Sharia law. The Bano case made it a politicised public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity.
In Islamic law (sharia), marriage is a legal and social contract between two individuals. Islam is totally opposed to monasticism and celibacy. Marriage is an act of Islamand is strongly recommended; the age of marriage being whenever the individuals feel ready, financially and emotionally. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.
In Islam, marriage is a legal contract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract - verbal or on paper - is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. There must be two Muslim witnesses of the marriage contract. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause.
Freedom of religion in Sri Lanka is a protected right under Chapter II, Article 9 of the constitution of Sri Lanka. This applies to all religions, though Buddhism is given primary protection as the state religion. Buddhism was given the foremost place by President J. R. Jayawardene in 1978, though Sri Lanka is regarded by its Supreme Court as being a secular country.
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq (repudiation), khulʿ, judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.
An Islamic marriage contract is an Islamic prenuptial agreement. It is a formal, binding contract considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings.
Major human rights groups such as Amnesty International and Human Rights Watch, as well as the United States Department of State and the European Union, have expressed concern about the state of human rights in Sri Lanka. British rule in Ceylon, the government of Sri Lanka and the separatist Liberation Tigers of Tamil Eelam (LTTE) as well as various other paramilitaries and marxist Janatha Vimukthi Peramuna (JVP) rebels are accused of violating human rights. Although Sri Lanka has not officially practiced the death penalty since 1976, there are well-documented cases of state-sponsored 'disappearances' and murders.
Khulʿ, also called khula, is a procedure through which a woman can divorce her husband in Islam, by returning from the dower (mahr) or something else that she received from her husband, as agreed by the spouses or Qadi’s (court) decree. Based on traditional fiqh, and referenced in the Quran and hadith, khul' allows a woman to initiate a divorce through the mutual consent of the husband or a judicial decree.
Marriages in Israel can be performed only under the auspices of the religious community to which couples belong, and no religious intermarriages can be performed legally in Israel. Matrimonial law is based on the Millet or confessional community system employed in the Ottoman Empire, which was not modified during the British Mandate and remains in force in the State of Israel.
The matrimonial law of Singapore categorizes marriages contracted in Singapore into two categories: civil marriages and Muslim marriages. The Registry of Marriage (ROM) administers civil marriages in accordance to the Women's Charter, while the Registry of Muslim Marriages (ROMM) administers Muslim marriages in accordance to the Administration of Muslim Law Act (AMLA). All marriages performed in Singapore must be registered with the relevant registry in order to be legally valid.
The Hindu Marriage Act by an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
Marriage in the Palestinian territories deals with the marriage law and customs in the Palestinian territories, ie., the West Bank and the Gaza Strip. Israeli marriage law applies to Israeli settlers in Area C of the West Bank. Muslims resident in East Jerusalem are subject to Israeli marriage law.
Polygamy is legal under certain circumstances in South Africa. All polygamous marriages entered into in accordance with the provisions of the Recognition of Customary Marriages Act are legal. The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal. Hence former President Jacob Zuma currently has four legally-recognised wives. The court considers the interests of all parties to the marriage and may add whatever conditions the court deems just for the polygamous marriage to be valid under customary law. Polygamous marriages are not allowed under the Marriage Act and the Civil Unions Act.
Muslim marriage and Islamic wedding customs are traditions and practices that relate to wedding ceremonies and marriage rituals prevailing within the Muslim world. Although Islamic marriage customs and relations vary depending on country of origin and government regulations, both Muslim men and women from around the world are guided by Islamic laws and practices specified in the Quran.
In 1967, Iran adopted a set of progressive family laws, the Family Protection Act, which granted women family rights ; these were expanded in the Family Protection Law of 1975. The act was annulled in 1979 after the Islamic Revolution when Sharia law was re-introduced, but it stands out for having been ahead of their time, particularly in a Muslim-majority country.
Since the early Islamic states of the eighth and ninth centuries, Islamic law always existed alongside other normative systems.
The Law of Jordan is influenced by Ottoman law. The Constitution of Jordan of 1952 both affirmed Islam as the state religion. Jordanian penal code has been influenced by the French Penal Code of 1810.
Muslims in India are governed by The Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce. husbands and to provide for matters connected therewith. These laws are not applicable in Goa state, where the Goa Civil Code is applicable for all persons irrespective of their religion. These laws are also not applicable to Muslims who have married under the Special Marriage Act, 1954.
