Assignment
LAH18.09
MAHNOOR CH
MUSLIM
PERSONAL
LAW
“PROCEDURE OF
DIVORCE IN
DIFFERENT
RELIGIONS”
,Procedure of Divorce
in Islam ,Hinduism,
Buddhism, Judaism,
Sikhs, Christianity
INTRODUCTION:
The relationship between religion and divorce is complicated and varied.
Different religions have different perceptions of divorce. Some religions
accept divorce as a fact of life, while others only believe it is right under
certain circumstances like adultery. Also, some religions allow remarriage
after divorce, and others believe it is inherently wrong.
What is Divorce?
Divorce is the official termination of a marriage, removing the responsibilities
and legal duties a of marriage and breaking the bond of marriage between
the spouses. The concept of divorce is very old and its origin is not traceable.
According to Letourneau "divorce as an institution is the final milestone in
the process of freeing the woman from the slavery of man in marital
relationship"., the procedures of divorce varies , depending on the
community of couples seeking divorce.
, Divorce in Islam:
Although it is not encouraged, most Muslims agree that divorce is permitted
if a marriage has broken down, and generally Muslims are permitted to re-
marry if they so wish.
However, there are differences between Muslims
about the procedures for divorce
Sunni Muslims do not require witnesses. The husband must express
his desire for a divorce on three separate occasions with a waiting
period of three months.
Shi'ah Muslims require two witnesses, followed by a waiting period
before a marriage can end.
If a woman initiates a divorce it is called khula. There must be a
waiting period to ensure the woman is not pregnant
Although Shari'ah Law permits divorce, in the Hadith, Abdullah ibn Umar
reported that the Prophet Muhammad said:
“The most detestable of lawful
things before Allah is divorce.”
So although divorce is allowed, Muslims should try to avoid it, if possible.
The Muslim Personal Law (Shariat) Application Act, 1937, under Section 2
states that notwithstanding any custom or usages in matters of dissolution of
marriage, where the parties are Muslims will be governed by the Shariat or
the Muslim Personal Law.
LAH18.09
MAHNOOR CH
MUSLIM
PERSONAL
LAW
“PROCEDURE OF
DIVORCE IN
DIFFERENT
RELIGIONS”
,Procedure of Divorce
in Islam ,Hinduism,
Buddhism, Judaism,
Sikhs, Christianity
INTRODUCTION:
The relationship between religion and divorce is complicated and varied.
Different religions have different perceptions of divorce. Some religions
accept divorce as a fact of life, while others only believe it is right under
certain circumstances like adultery. Also, some religions allow remarriage
after divorce, and others believe it is inherently wrong.
What is Divorce?
Divorce is the official termination of a marriage, removing the responsibilities
and legal duties a of marriage and breaking the bond of marriage between
the spouses. The concept of divorce is very old and its origin is not traceable.
According to Letourneau "divorce as an institution is the final milestone in
the process of freeing the woman from the slavery of man in marital
relationship"., the procedures of divorce varies , depending on the
community of couples seeking divorce.
, Divorce in Islam:
Although it is not encouraged, most Muslims agree that divorce is permitted
if a marriage has broken down, and generally Muslims are permitted to re-
marry if they so wish.
However, there are differences between Muslims
about the procedures for divorce
Sunni Muslims do not require witnesses. The husband must express
his desire for a divorce on three separate occasions with a waiting
period of three months.
Shi'ah Muslims require two witnesses, followed by a waiting period
before a marriage can end.
If a woman initiates a divorce it is called khula. There must be a
waiting period to ensure the woman is not pregnant
Although Shari'ah Law permits divorce, in the Hadith, Abdullah ibn Umar
reported that the Prophet Muhammad said:
“The most detestable of lawful
things before Allah is divorce.”
So although divorce is allowed, Muslims should try to avoid it, if possible.
The Muslim Personal Law (Shariat) Application Act, 1937, under Section 2
states that notwithstanding any custom or usages in matters of dissolution of
marriage, where the parties are Muslims will be governed by the Shariat or
the Muslim Personal Law.
