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Dissolution Of Marital Tie By A Muslim Wife: Rights And Limitations




Lalitha A, BA. LLB (Hons.), Saveetha School of Law, SIMATS, Saveetha Institute of Medical and Technical Sciences, Saveetha University

ABSTRACT

Among the majority the nations of antiquity, divorce was thought to be a natural corollary or married rights. Romans, Hebrews, Israelis etc. all had divorce in one or the opposite type. Like Hindu law, followers of Islam have their own personal law, that states that Nikah or wedding may be a contract and should be permanent or temporary and permits a person four wives if he treats all of them equally. There ought to be a proposal or `offer,` created by or on behalf of 1 of the 2 parties;The Muslim wedding law additionally states that to own a sound wedding beneath the Muslim law, if an individual is of sound mind, traditional and has earned time of life at the age of fifteen his or her wedding can not be performed while not his or her consent. There area unit sure prohibited relationships, whose wedding is taken into account void. Like mother and son, grandma and grandchild, uncle and kinswoman, brother and sister and kinsman and kinswoman. Even though the availability of divorce was recognized altogether faiths Islam maybe the primary religion within the world that has expressly recognised the termination of wedding by approach of divorce. In European nation divorce was introduced solely one hundred years back. In Republic of India among Hindus, it had been allowed solely by Hindu wedding act, 1955. Before the passing of the act divorce wasn't recognized by Hindu Law. Divorce among the traditional Arabs was simple and of frequent prevalence. In fact, this tendency has even persisted to some extent, in sharia law. it had been regarded by prophet to be the foremost hateful before the Almighty God of all permissible things; for it prevented marital status happiness and interfered with the right remarking of kids.

Keywords: Marital Tie, Muslim women, Muslim Law, Consideration, Triple Talaq, Personal Law

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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