Tuesday 23 January 2024

What are different types of traditional divorce under muslim law?

 In Islamic law, divorce is known as "Talaq," and there are different types of divorce recognized within the Sunni and Shia traditions. It's important to note that the details and interpretations of these concepts may vary among different schools of thought within Islam.

  1. 1) Talaq:

    • Talaq-e-Ahsan: This is the most preferred and considered the most proper form of divorce. It involves a single pronouncement of divorce, followed by a waiting period (iddah) during which the wife cannot remarry. If the wife is not pregnant, the waiting period is three menstrual cycles; if she is pregnant, it lasts until the child is born.
    • 2)Talaq-e-Hasan:
    • It consists of three pronouncements made during three consecutive menstrual cycles, with a waiting period (iddah) following the final pronouncement.
  2. 3) Triple Talaq (Talaq-e-Bid'ah):

    • This is an instant, irrevocable divorce where the husband pronounces "talaq" three times in a single sitting, abruptly ending the marriage. Many Islamic scholars and countries have debated the validity and fairness of this form of divorce.
  3. 4) Khula:

    • This is a divorce initiated by the wife, where she seeks a separation from her husband by mutual agreement. The wife can request a divorce by returning the dowry or waiving some of her financial rights.
  4. 5) Mubarat:

    • This is a mutual agreement between both spouses to end the marriage. Both parties agree to separate amicably.
  5. 6) Zihar:

    • Zihar is a form of divorce where a husband compares his wife to a prohibited relative by saying something that implies a sexual prohibition. To compensate for this, the husband has to free a slave or fast for two consecutive months. If he cannot fulfill these, he must feed 60 needy people.
  6. 7) Illa:

    • Ila refers to a vow taken by a husband to abstain from sexual relations with his wife for an extended period (usually four months). If the husband breaks the vow, the wife has the right to seek a divorce. If the husband fulfills the vow, the marriage continues.
    • 8) Lian:- In Islamic law, including Muslim family law, there are various forms of divorce, and one of them is known as "Lian." Lian is a specific form of divorce that is mentioned in the Quran in Surah An-Nisa (4:15). It is a procedure that is invoked in cases where a husband accuses his wife of adultery but is unable to produce four witnesses to support his claim.The term "Lian" is derived from the Arabic word "La'an," which means curse. The process involves the following steps:
      1. Accusation of Adultery: The husband accuses his wife of committing adultery.

      2. Oath by the Husband: The husband swears four times by Allah that he is truthful in his accusation, and the fifth time he invokes the curse of Allah upon himself if he is lying.

      3. Denial by the Wife: The wife then has the opportunity to deny the accusation under oath.

      4. Oath by the Wife: If the wife denies the accusation, she swears four times by Allah that her husband is lying, and the fifth time she invokes the curse of Allah upon herself if he is telling the truth.

      5. Judicial Intervention: If both parties adhere to their oaths, the matter is brought before a Kazi for further investigation.

      6. Separation: If the Kazi finds that the husband's accusation is baseless and the wife is truthful, the couple is separated, and the husband is penalized for making false accusations.

      Lian is a serious matter and is intended to discourage false accusations of adultery, emphasizing the gravity of such allegations. It underscores the importance of truthfulness and the consequences of making unfounded claims in matters of family and marital disputes within the framework of Islamic law.In short,Lian is a form of divorce declared through machinery of Kazi to wife if husband makes false charge of adultery against her.

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