There are two forms for dissolution of marriage. A divorce
may be taken place by;
1. Orally; or
2. Written;
1. Oral Talak: Muslim
law does not prescribe any particular form of words for effecting talak. A oral
talak may be expressly or impliedly. If the words are express clearly which are
delivered by the husband as indicating divorce, the dissolution of marriage
becomes effective. If the words are not express clearly which are delivered by
the husband as indicating divorce, the dissolution of marriage does not become
effective and the proof are required. If the expression of the husband is not
clear as implying divorce, the intension of the husband becomes major one. The
intension must be clear in the form of oral talak.
2. Written Talak:
Written talak is also known as Talaknama.
It also a record of oral talak and may a deed for effecting the divorce of the
husband and wife. The must be made in the presence of Authorized person or
wife’s father or both party’s guardians or other persons who will be the
witnesses. The talaknama shall also be signed and sealed by the authorized
institution and person before the witnesses. Otherwise, the talaknama will not
take place to break off the marital tie between the parties.
Written
With The Help Of Refference Book:
1.
Mulla’s
Principles Of MAHOMEDAN LAW (19th Edition)
Written By: M. Hidayatullah
& Arshad Hidayatullah (India).
2.
Text Book Of MOHAMMEDAN LAW (23rd
Edition)
Written By: Aqil Ahamad
(India).
3.
MUSLIM
LAW
(17th Edition-2014)
Written By: Syed Khalid
Rashid.
Revised By: Prof. V. P.
Bharatiya (India).
4.
Text Book On ISLAMIC LAW
[Including
Statutory Family Laws]
Reprint: May
2009(1st Edition)
Written By: Dr. Muhammad
Faiz-Ud-Din (Bangladesh).
5.
MUSLIM LAW (1st
Published-March,2012)
2nd
Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md. Jahid Hossain Dolon(All are Bangladeshi).
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