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Divorce is permitted in Islam as a last resort if it is not possible to continue a marriage. Certain steps need to be taken to ensure that all options have been exhausted and both parties are treated with respect and justice. Marriage is a great blessing. Each partner in the marriage has certain rights and responsibilities, which are to be fulfilled in a loving way in the best interests of the family. When a marriage is in danger, couples are advised to pursue all possible remedies to rebuild the relationship. Divorce is allowed as a last option, but it is discouraged.
Islamic marriages are invalid under British civil law - meaning women have little room to leave an abusive or unhappy marriage. It also means they struggle to defend their assets in court if their marriage breaks down. Scholars have called on Muslim women in the UK to protect themselves legally by registering their religious marriages under civil law. The process, called 'triple talaq', is prohibited in Pakistan and faces legal controversy in India after reports emerged of men divorcing their wives via letters, Skype and even WhatsApp file photo of an Indian wedding.
If it is registered, the 'talaq' - meaning divorce - has little significance and the couple will still have to go through the court. Experts advised that woman could also demand equal divorce rights in a pre-nuptial agreement. It comes as India's highest court began considering the legality of the controversial Islamic practice ion Thursday.
The practice has been challenged in lower courts but this collective appeal is the first time India's Supreme Court will consider whether triple talaq is fundamental to Islam and therefore legally binding. Women are not allowed to use the method and are often left homeless and with no money - leading to many appealing to overturn it at the Supreme Court stock photo of a Pakistani wedding.
A panel of five judges from India's major faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism - will consider the matter and is expected to deliver a verdict next week. India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its million Muslims to end unions. But the right-wing Hindu nationalist government of Prime Minister Narendra Modi has backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women.
Modi's ruling Bharatiya Janata Party has long pushed for a uniform civil code to be enforced but the issue remains highly sensitive in India, where religious tensions often lead to violence. Many Muslim groups have been critical of any attempts to meddle with religious laws, arguing it curtails their constitutional right to govern their affairs. Some Islamic scholars say there is no mention of triple talaq in the Koran, which instead details a different process for divorce based on mediation.
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Will it drain your battery? Is a more deadly second peak inevitable? She forgoes the right to keep the dowry since she is the one seeking to break the marriage contract.
This is known as khul'a. On this topic, the Quran says, "It is not lawful for you men to take back any of your gifts except when both parties fear that they would be unable to keep the limits ordained by Allah.
There is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah so do not transgress them" Quran In the second case, the wife may choose to petition a judge for divorce, with cause. She is required to offer proof that her husband had not fulfilled his responsibilities.
In this situation, it would be unjust to expect her to also return the dowry.
The judge makes a determination based on the facts of the case and the law of the land. Depending on where you live, a separate legal process of divorce may be required. This usually involves filing a petition with a local court, observing a waiting period, attending hearings, and obtaining a legal decree of divorce. This legal procedure may be sufficient for an Islamic divorce if it also satisfies Islamic requirements. In any Islamic divorce procedure, there is a three-month waiting period before the divorce is finalized.
After a declaration of divorce, Islam requires a three-month waiting period called the iddah before the divorce is finalized. This gives the couple time to calm down, evaluate the relationship, and perhaps reconcile. Sometimes decisions are made in haste and anger, and later one or both parties may have regrets.
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During the waiting period, the husband and wife are free to resume their relationship at any time, thus ending the divorce process without the need for a new marriage contract. Another reason for the waiting period is a way of determining whether the wife is expecting a child.
If the wife is pregnant, the waiting period continues until after she has delivered the child. During the entire waiting period, the wife has the right to remain in the family home and the husband is responsible for her support.
If the waiting period is completed without reconciliation, the divorce is complete and takes full effect.
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The husband's financial responsibility for the wife ends, and she often returns to her own family home. However, the husband continues to be responsible for the financial needs of any children, through regular child support payments.
In the event of divorce, children often bear the most painful consequences. Islamic law takes their needs into account and makes sure that they are cared for.
The financial support of any children -both during a marriage or after divorce-rests solely with the father.
This is the children's right upon their father, and courts have the power to enforce child support payments, if necessary. The amount is open for negotiation and should be in proportion with the husband's financial means. The Quran advises the husband and wife to consult each other in a fair manner regarding their children's future after divorce This verse specifically holds that infants who are still nursing may continue to breastfeed until both parents agree on the period of weaning through "mutual consent and counsel.
Islamic law stipulates that physical custody of the children must go to a Muslim who is in good physical and mental health and is in the best position to meet the children's needs. Different jurists have established various opinions of how this might best be done.
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Some have ruled that custody is awarded to the mother if the child is under a certain age, and to the father if the child is older. Others would allow older children to express a preference. Generally, it is recognized that young children and girls are best cared for by their mother. Since there are differences of opinion among Islamic scholars about child custody, one might find variations in local law.
In all cases, however, the main concern is that the children are cared for by a fit parent who can meet their emotional and physical needs.
After the waiting period is over, the divorce is finalized. It is best for the couple to formalize the divorce in the presence of the two witnesses, verifying that the parties have fulfilled all of their obligations.
At this time, the wife is free to remarry if she wishes. Islam discourages Muslims from going back and forth about their decisions, engaging in emotional blackmail, or leaving the other spouse in limbo. The Quran says, "When you divorce women and they fulfill the term of their iddateither take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, or to take undue advantage.
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If anyone does that, he wrongs his own soul If a couple decides to reconcile, after the divorce is finalized, they must start over with a new contract and a new dowry mahr. To prevent damaging yo-yo relationships, there is a limit on how many times the same couple may marry and divorce. If a couple decides to remarry after a divorce, this can only be done twice.
The Quran says, "Divorce is to be given two times, and then a woman must be retained in good manner or released gracefully. After divorcing and remarrying twice, if the couple then decides to divorce again, it is clear that there is a major problem in the relationship! Therefore in Islam, after the third divorce, the couple may not remarry again.
First, the woman must seek fulfillment in marriage to a different man. Only after she is divorced or widowed from this second marriage partner, would it be possible for her to reconcile again with her first husband if they choose.
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