What are the effects of Divorce?

If a marriage is dissolved by any modes of the divorce and the divorce becomes completed, there some legal effects will automatically arise by the divorce. Some of the legal effects of divorce are as follows;

1. Obserbation of iddat: If a marriage is dissolved by any modes which are mention by Muslim law, observation of iddat is required by the divorced woman. Observation of iddat is necessary on the part of the divorced woman. If the divorced woman did not observe iddat and married another before observing the iddat, the marriage will become irregular and the legal effects of the irregular marriage are mentioned in the part of irregular marriage. Before observation of iddat the marriage which was previously earlier than divorced should be consumed.

2. Payment of dower: If the divorce is completed and irrevocable, the divorced woman is entitled to receive the payment of deferred dower. It is the obligation to the divorced husband to pay the amount of deferred dower. The divorced husband cannot skip this obligation at any way causes this is a mandatory obligation.

3. Entitled for maintenance: If the divorce is completed and irrevocable, the divorced woman is entitled to receive the payment of money as maintenance during iddat period. The duration of iddat will terminate minimum three months. The divorced husband is bound to pay the amount of maintenance. The divorced woman is entitled to get maintenance during the iddat period even the divorced woman may file a suit for her maintenance against the divorced husband.

4. Unlawful Cohabitation: If the divorce is completed and irrevocable, the cohabitation between the divorced woman and the divorced husband will be unlawful. If a child is born from such act, the identity of the child will be illegitimate. The status of the illegitimate child will be according to his/her mother.

5. Inheritance: The husband and the wife are entitled to inherit from each other, if the marriage is exist between them. If a marriage is dissolved they are not entitled not inherit from each other after the expiration of the iddat period.

A divorced woman gets more priority than the divorced husband. A divorced husband is entitled to complete all the obligations which are derived from the divorce.

Can a Muslim remarry her divorced partner?

Yes, a Muslim male/female can remarry his/her previously divorced husband/wife. When the husband abandoned his wife by pronouncing divorce and completed the procedure of divorce, marriage between them is unlawful. But they can remarry one another by following a strict procedure mention by the law. So they have to follow a strict procedure before remarry one another. The strict procedures are as follows;

i. The divorced woman has to marry another third man according to law.

ii. The marriage between them should be consumed.

iii. The existing husband should divorce his wife voluntarily so that the wife becomes free from the marriage.

iv. Then the divorced wife should observed iddat.

v. Finally, the divorced wife and the previous divorced husband are allow to marry one another freely and the legal effects of such marriage will be valid.

Written With The Help Of Refference Book:

Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).