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Divorce 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. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. While Article 25-28 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Mohd. Ahmad Khan v. Shah Bano Begum [1985 (1) SCALE 767 = 1985 (3) SCR 844 = 1985 (2) SCC 556 = AIR 1985 SC 945], commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman. Then the Congress government enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Waqf Board. It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law.
In Islam, a mahr is the obligation, in the form of money, possessions or teaching of verses from the Quran by the groom, to the bride at the time of Islamic marriage. While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.
In Islam, nikah is a contract exclusively between a man and 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. 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. Islamic marital jurisprudence allows Muslim men to be married to multiple women.
Nikah halala, also known as tahleel marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. Nikah means marriage and halala means to make something halal, or permissible. This form of marriage is haram (forbidden) according to the hadith of Islamic prophet Muhammad. Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq.
Divorce according to Islamic law can occur in a variety of forms, some initiated by the husband and some by the wife. The main categories of Islamic customary law are talaq, khulʿ and faskh. 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.
A husband is a man involved in a marital relationship, commonly referred to as a spouse. The specific rights, responsibilities, and societal status attributed to a husband can vary significantly across different cultures and historical periods, reflecting a global perspective on this role.
Arif Mohammad Khan is an Indian politician belonging to the Bharatiya Janata Party (BJP). He is currently the Governor of Kerala. He is a former Union Minister. He has held several portfolios ranging from energy to civil aviation.
All India Muslim Personal Law Board (AIMPLB) is a non-governmental organization in India that represents the interests of Muslims in matters of personal law. It was formed in 1973 with the objective of protecting and promoting the application of Islamic personal law among Muslims in India. The AIMPLB is primarily concerned with issues related to marriage, divorce, inheritance, and other personal matters governed by Islamic law, known as Shariah. The AIMPLB has been involved in various significant cases and debates, including those related to the Muslim Women Act, the Shah Bano case, and the Triple Talaq issue. It has also played a role in advocating for the preservation of Muslim personal laws and resisting attempts to introduce a uniform civil code in India.
Khulʿ (Arabic: خلع, also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
Christian personal law or family law regulates adoption, divorce, guardianship, marriage and succession in India. The provisions of canon law concerning marriage are recognised as the personal law of Roman Catholics in India. Marriages of Indian Christians are regulated by the Indian Christian Marriage Act, 1872. Christian personal law is not applicable in Goa; instead, the Goa civil code is the set of civil laws that regulate the residents of the Indian state of Goa. In India as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule in that a single secular code governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. 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).
Polygamy, including polygyny, is outlawed in India. While it was not prohibited in Ancient India and was common among aristocrats and emperors, it is believed that it was not a major cultural practice. The lack of prohibition was in part due to the separation between land laws and religion, and partially since all of the major religions of India portrayed polygamy in a neutral light.
Bharatiya Muslim Mahila Andolan or BMMA is an autonomous, secular, rights-based mass organization led by Zakia Soman which fights for the citizenship rights of the Muslim women in India. The BMMA was formed in January 2011. The organisation is based in Mumbai.
S. Abdul Nazeer is a former judge of the Supreme Court of India, who is serving as the 24th Governor of Andhra Pradesh. He is also former judge of the Karnataka High Court. He was appointed as the Governor of Andhra Pradesh on 12 February 2023.
Triple talaq and talaq-e-mughallazah are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq.
All the 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 and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954.
The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.
The Code of Muslim Personal Laws is a legislation in the Philippines covering Muslims in the country which came into effect through Presidential Decree No. 1083 in 1977.
References
- ↑ Mir-Hosseini, Ziba (1993). Marriage on trial : a study of Islamic family law : Iran and Morocco compared. London u.a.: Tauris u.a. p. 38. ISBN 1850436851.
- ↑ Johns, Claude Hermann Walter (1904). Babylonian and Assyrian laws, contracts and letters. Edinburgh: T. & T. Clark. p. 424.
- ↑ Philip Lyndon Reynolds (2001). Marriage in the Western Church: The Christianization of Marriage During the Patristic and Early Medieval Periods. BRILL. pp. 49–. ISBN 0-391-04108-8.
- ↑ Vageshwari Deswal (24 January 2019). "Legal status of child marriages in India". The Times of India .
- ↑ "Hindu and Muslim laws not in consonance with Prohibition of Child Marriage Act: SC". Hindustan Times . Press Trust of India. 12 October 2017.
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