...3 RIGHT TO DIVORCE FOR MUSLIM WOMAN AND KHULA SUBMITTED BY: POUSHALI NANDI CLASS: III BA-LLB (C) REGISTER NO: 1216227 INTRODUCTION Romans, Hebrews, Israelis, all such religion had divorce in one or the other forms. But even though such provision was recognised in all religions Islam is perhaps the first religion which has expressly recognised the termination of marriage by way of divorce. Divorce among the ancient Arabs was easy and of frequent occurrence. In fact, this tendency has even persisted to some extent, in Islamic law in spite of the fact that Prophet showed his dislike to it. It was regarded by the Prophet to be the worst and hateful form of divorce before the Almighty God as it prevented conjugal happiness and also effected the proper bringing up of a child. Under Muslim law, a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain period called ‘iddat’ expires. In case of death of the husband, iddat period is four months and ten days. In case of pregnant woman, iddat period is till the delivery of the child. Generally both the parties to marriage have an option to divorce, but the husband’s right is considered to be greater than that of the woman. The woman or the wife cannot divorce herself from her husband without his consent. But this does not mean that the wife has no right to divorce under Muslim...
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...Yaa Noor Allah À Divorce and Waiting Period Author: Maulana Mohammed Shakir ‘Ali Noorie (Ameer – Sunni Dawat e Islami) Published by: Maktab e Taibah Markaz Ismail Habib Masjid 126, Kambekar St, Mumbai 3. Rights of Spouses Book Name: Compilation: Divorce and Waiting Period Maulana Mohammed Shakir ‘Ali Noorie. (Ameer- Sunni Dawat e Islami) Translation: Quantity: Price: Published: Hafiz Muhammed Salim Noorie (Canada) (Muballig, Sunni Dawat e Islami) Maktab e Taibah (Sunni Dawat e Islami), 2010 Copyright Reserved For further queries, please contact: WORLDWIDE HEADQUARTERS MAKTAB E TAIBAH Ismail Habib Masjid, 126 Kambekar St, Mumbai-3 Tel: 0091 22 23434366 U.K. MARKAZ S.D.I. Noor Mosque, Noor St, Preston, U.K. Tel: 0044 1772 881786 Website: www.sunnidawateislami.net 2 Rights of Spouses CONTENTS Literal Translation of Divorce.................................................................... 4 Conventional Meaning of Divorce............................................................ 4 Types of Divorce.......................................................................................... 4 Best (Ahsan) Divorce .................................................................................. 4 Good (Hasan) Divorce ................................................................................ 5 Reprehensible (Bad’i) Divorce ................................................................... 5 Why Divorce Was Made Permissible...
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...EQUAL RIGHTS IN LAWS RELATING TO DIVORCE: A COMPARATIVE STUDY OF DIFFERENT PERSONAL LAWS IN BANGLADESH A Research Monograph Submitted as Partial Fulfillment of Master of Laws (LLM) Degree Submitted By: Examination Roll No. 08239085 Registration NO.3347 Examination: 2012 Session: 2007-2008 DEPATMENT OF LAW UNIVERSITY OF RAJSHAHI BANGLADESH DECEMBER 2012 DECLARATION The researcher, as a candidate for the degree of Master of Laws (LLM), is fully aware of the rules and regulations of the University of Rajshahi relating to the preparation, submission, retention and use of a research monograph. She acknowledges that the University requires the research monograph to be retained in the library for record purposes and that within Copyright privileges of the author it should be accessible for consultation and copying at the discretion of the library authority and in accordance with the Copyright Act 2000. I authorise the University of Rajshahi to publish an abstract of this research. The researcher also declares that this research monograph entitled ‘Equal Rights in Laws relating to Divorce: A Comparative Study of Different Personal Laws of Bangladesh’ is solely the outcome of her own efforts and research for the partial fulfillment of the degree of LLM. No part of this research monograph in any form has been submitted to any other department or institution for the award of any degree or diploma or to any journal for the purposes of publication. Researcher ...
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...Divorce: Why have divorce rates increased since the 1950s? A divorce is the ending of a legal marriage, cancelling the marriage contract between the partners and the state. In the UK, a divorce requires the approval of the legal system, although this is fairly easy to come by. A typical divorce has to consider support payments for the partners and any children, child custody, the distribution of property and the division of debt. Fifty years ago there were few divorces. Nowadays, two in five marriages end in divorce. This is because divorce is cheaper and easier, and the equality between the sexes has been narrowed. In the 1950s, divorce used to be difficult to obtain and very few divorces took place. People were looked down on if they were divorced and it was impossible for them to remarry in church. Nowadays, divorce is accepted as a normal part of life, and no one is looked down on for being divorced. The number of divorces granted in the UK in 1961 was 27,000. This doubled to 56,000 by 1969, and doubled again to 125,000 divorces by 1972. The number in 2002 was 160,000. Between 1990 and 2003, The United Kingdom had the highest divorce rate at 6.68 annual per 1,000 people. However, the rate of divorce in the United Kingdom has been dropping in recent years, to 135,000 in 2008. The most important reason for increase in the amount of divorce is the removal of legal and financial barriers to divorce. In 1969 a new law was passed, the Divorce Reform Act, which made divorce cheaper...
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...Divorce Conflict Hurts Children Christina Henderson DeVry University Divorce Conflict Hurts Children Six year old Olivia stands alone in front of her bedroom window, silent tears streaming down her tiny face. She watches her father put his suitcase in his car and drive away. She does not know what divorce is, but she does know on some internal level, that her life will never be the same. Olivia is right; divorce is a watershed event in the life of a child. Life following a divorce is dramatically changed from how life was before. The purpose of this proposal is to convince divorced parents to stop engaging in hostility and conflict with their ex-wives and ex-husbands so the children do not continue to suffer more. Divorce is commonplace in today’s world; 40 to 50 percent of marriages end in divorce, annulment, or separation (Issitt, 2014, para. 8). Children of divorced parents are at a disadvantage socially, emotionally, and financially, and the effects of divorce on children are amplified by conflict between the parents. As a child of a messy divorce, I know firsthand how harmful parental conflict can be to a child; I still deal with it today, 30 years after my parents’ divorce. I will further establish credibility by including information from Pickhardt (2011), Sedacca (2014), and Whitehead (2013), who are experts on child psychology and divorce. Approximately half of all marriages in the United States now end in divorce, this issue affects millions of people in our country...
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...children “Broken” Homes: The Effect of Divorce on Children Going through a divorce is a very difficult situation to be in. Usually it is what is happening between the parents, that concerns most people. However hurtful divorce is on the couple that is going through it, the children end up with the greatest amount of problems. These problems that the children develop are not always obvious, and do no always come to the surface right away. “Most often the children responded to the announcement [of the divorce] with apprehensiveness or anger . . . Several children panicked . . . finally, a great many of the younger children, about one-third of the entire group, didn’t really believe what they had been told. For these youngsters, the single announcement by the parents made it easier for them to pretend that the divorce would soon go away and to postpone their own response to the frightening changes in their lives” (Wallerstein 40-41). Children often try to stop the divorce of their parents, but there are many who seem to accept it at first. These who seem to accept it may even tell their parents that they are happy about the divorce. This is not necessarily the case, as one would see if he or she spoke with the child for a while. There are many things that divorce does to a family, and there are many things that is does to the child. These effects are rarely positive, or helpful depending upon the family’s prior situation. Divorce has many negative effects on the psychological...
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...The Effects Of Divorce On Children Mohamet Thiam Western Governors University WGU Student ID# 000204437 The Effects Of divorce On Children The society in general has a better view of divorce now days. According to Jolivet in one of her recent articles in 2011, if you compare the view of society about divorce in the 1950s when women who divorced were stigmatized and today when half of the marriage end in divorce, the view of society about divorce has truly evolved. The rapid societal changes and economic development have contributed to the rise of women at almost the same level as men for professional occupations and to a higher social status with growing women’s rights. The National Center for Health Statistics has estimated in 2011 that between 850,000 and 950,000 couples divorces every year and more than half of divorcing couples have at least one children. In light of the alarming number of children involved in divorce, many studies have been conducted to shed some light on the possible effects on children. In the United States in particular, there are thousands of studies related to the many impacts of divorce on children well being. Research has shown that divorce can have a tremendous impact on children because it can be source of emotional distress especially in the early years, psychological problems, and socialization difficulties. The purpose of the research paper is to synthesize and analyze the well-supported studies conducted by knowledgeable authors...
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...Does the Divorce of Parents Harm Their Children? Each year the American society deals with divorce. Divorce introduces a massive change into children and adults life no matter what the age is. Divorce can be harmful to children if the parents continue to fight and argue and can never get along. Children can be made out to believe that the divorce between their parents was their fault or that they aren’t loved anymore. However, children can come out strong in divorce as long as their parents can be co-parents without conflict. Divorce in America now is more common than it was back in the 1960’s and 70’s. Many couples got divorced due to infidelity and abuse. Now, in this day and age, men and women get divorced due to their own personal happiness. Professor Tamara D. Afifi spoke on a TEDxTalk in 2012 and said that many children from families who divorced and fight have more trust issues and hurt more on the inside than from children whose parents get along and co-parent without conflict. (Afifi, 2012) Each year, over 1 million American children suffer the divorce of their parents; Half of American children born this year will witness divorce with their parents. Of that 50% another 50% will experience a second divorce. (Rector & Fagan, 2000) Many believe that divorce has a negative effect on children. Not only does it cause them to have trust issues and often have relationship difficulties later in life, but they tend to dwell on the divorce as their fault. Children of divorced...
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...Impact of Divorce on Children March 23, 2014 PSYC 210 How does divorce impact the lives of children? Will the children be fine with the decision or will they have some sort of breakdown. Divorce can effect children differently depending on the ages of the children at the time. For example a child that is two, who would not understand the concept of divorce but may understand that there is tension in the house. After the divorce, although it may take a few months’ things will become normal. Whereas if the child was ten then a divorce would cause some behavioral issues and issues in school. If the divorce impacts the child negatively will the children have negative views on marriage and if so will children those chose not to marry? Each child handles divorce differently depending on age and gender, the long term effects also differ from child to child. These are the questions I hope to answer in my research paper. According to researchers fifty percent of first marriages end in a divorce. The percentage rates for second and third marriages are even higher, between sixty and seventy percent. Although marriages with children have a lower divorce rate there is still a twenty to thirty percent rate of divorce between married couples with children. Fifty percent of children are from divorced families. Children who are from a divorced family generally have a greater chance of getting a divorce when they marry as well. Most...
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...this time, so it would of been thought that Anne would have a massive influence on Henry decisions on things that would concern her, the divorce. Anne wouldn’t of been able to create any laws that would allow the divorce to go ahead but could certainly tempt Henry into thinking them which he could then enforce to be a new law. Of course other people would needed to be involved with being able to set the laws and to ensure whoever was in charged agreed with what was happening so it could've been a possibility that other people many of had an influence on Henry as well. Boleyn would of been important to Henry wanting the divorce as she introduced him to Lutheran ideas of where Henry should be in charge of his own church, and so have power over his own kingdom and not the Pope. This would then give Henry the freedom to decide on what laws England should follow by, which could make it a lot easier for him to introduce and set a law about allowing people to divorce, rather than the King following laws from the Pope that isn't even in his country. Boleyn introduces Henry to these ideas by giving him a book titled ‘obedience of christian men’ written by W.Tyndale. Once Henry has read this book it gives him the idea of wanting to gain him own power in being able to run his own country, so leads him gaining power over law and giving his the authority divorce Catherine and marry Boleyn. So if it wasn't for Boleyn Henry may not of had the idea in the first place to challenge the authority...
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...such as marriage, divorce and its consequences. Rising divorce as reported by the religious authorities and the increasing violence of the crisis, in addition to cases of spousal abuse and child are endless, enough concern us today. The collapse of the family is the cause of this phenomenon is believed to trigger. This requires Muslims to look back on how far the regulations contained in the system status. System status is a unique system. It aims to organize a more systematic relationship between family-based tenets of men with female family involved. Islamic motifs in the family construction is premised on faith and seeks to do the rituals. Assuming that the Muslim community in this day and age to follow and practice all raised in the system status, I'm sure they will achieve a happy life is not only the world but also in the hereafter. One statistic that is alarming the country has ever issued by JAKIM. According to the report, the occurrence of one case of divorce for every 15 minutes of the husband and wife who are Muslims in Malaysia. The number of divorces in Malaysia has more than doubled over the eight years since 2004. During 2012, 56.760 divorces were recorded. The statistics provided by the Department of Syariah Judiciary Malaysia (JKSM), the number of Muslim couples divorce increased 2.3 times from 20,916 in 2004 to 47,740 in 2012, and for the last 49.311 years. A total of 112,262 Muslim couples married in 2004, the number had risen steadily during her public over the...
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...TOPIC: THE RISE OF DIVORCE CASES IN ISLAMABAD Introduction: Over the years, there is seen the rise in number of divorce cases in Islamabad. According to Islamabad Arbitration Council, in 2005, there were 314 divorce cases reported in the press. In 2010, the number rose to 625 and in 2011, the number increased by 40 percent respectively. Islamabad is the capital city of Pakistan; demographically it is comprised of heterogeneous people. Mostly the inhabitants in Islamabad are not local rather some of them have migrated while others are living on temporary basis. People here are educated enough and much aware of their fundamental rights. Tangibly it is modern city in outlook. The way of life in Islamabad seems to be inspired by outer world. Furthermore, they are more liberal in their thoughts. As for as the people of the city are concerned they are totally different in respect of their behavior, attitude and life style as compare to the people of other cities like, Karachi, Lahore, and Quetta. Owing to the aforementioned demography of Islamabad, the causes in hold behind the divorce cases are quite different from those in other parts of the country (mostly rural). The more liberal overlook, higher education, heterogeneous society with people having different social background, financial status and to some extent the joint family system are some of the major causes in hole behind the rise of divorce cases in Islamabad. Literature Review: “Karney and Bradbury, emphasize...
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...RESULTS 1 The Devastating Results of Divorce on Children The Devastating Results 2 Abstract The sanctity of marriage, created by God, was intended for one man and one woman for life. At the Fall of man sin entered the world, and our fleshly desires began governing our actions and decisions. This is evident as we have seen our divorce rates reach nearly 50 percent. The no fault divorce has enabled us to make divorce such an easy “decision of convenience” for struggling marriages, and as a result we have become desensitized to its devastating ramifications. Though it is the adults who determine to dissolve the commitment, it is the children who suffer the greatest consequences. Divorce sets in motion a series of negative events and transitions that are related to the child’s psychological distress which is possibly more potent than the physical separation of parents. This will essentially affect the child in every aspect of his/her life - emotional, behavioral, educational, economical, and relational. Such ramifications are immediate as well as long term. To hinder the all too familiar “decisions of convenience” I emphatically believe the courts should return to its more restrictive divorce guidelines; and our nation needs to return to “One Nation Under God”. The Devastating Results 3 Researching articles, journals, and other sources for my paper “The Devastating Results of Divorce on Children” has been an eye-opening experience...
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...Many cultures have different views on how a man and woman should be joined together. Many traditional Christians believed in asking the bishop or leader of their congregation for consent before they got married. Second, in the Muslim culture, they are allowed to marry at a younger age than christens are allowed. Finally, marriage and divorce go hand in hand, in the Jewish culture divorce is usually handled right there in the community without the need for a judge. In many cultures it is a sign of respect to ask for permission from the father of the woman the man wants to marry. Christians wished to have the consent and blessing of their bishop or the leader of their congregation, and by the end of the fourth century it had become customary in some regions of the Empire for a priest to bless the marriage of a Christian couple (Grubbs, 1994). Muslim’s on the other hand believe that a man and a woman enter into marriage with both of them agree equally. “In Islam marriage cannot take place unless the female freely agrees to it and a dowry is given to her” (Islamicbulletin.org). Obviously a woman in each of these cultures enters into it on her own free will, but the Jewish culture adds a little bit to it. “Mishnah Kiddushin 1:1 specifies that a woman is acquired (i.e., to be a wife) in three ways: through money, a contract, and sexual intercourse. Ordinarily, all three of these conditions are satisfied, although only one is necessary to effect a binding marriage” (jewfaq.orga)...
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...BOOK ONE GENERAL PROVISIONS TITLE I TITLE AND PURPOSES OF CODE Article 1. Title. This decree shall be known as the "Code of Muslim Personal Laws of the Philippines." Article 2. Purpose of Code. Pursuant to Section 11 of Article XV of the Constitution of the Philippines, which provides that "The State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of state policies," this Code: (a) Recognizes the legal system of the Muslims in the Philippines as part of the law of the land and seeks to make Islamic institutions more effective; (b) Codifies Muslim personal laws; and (c) Provides for an effective administration and enforcement of Muslim personal laws among Muslims. TITLE II. CONSTRUCTION OF CODE AND DEFINITION OF TERMS Article 3. Conflict of provisions. (1) In case of conflict between any provision of this Code and laws of general application, the former shall prevail. (2) Should the conflict be between any provision of this Code and special laws or laws of local application, the latter shall be liberally construed in order to carry out the former. (3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall be construed to operate to the prejudice of a non-Muslim. Article 4. Construction and interpretation. (1) In the construction and interpretation of this Code and other Muslim laws, the court shall take into consideration the primary sources...
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