The term Divorce is derived from the English language which
directly means break off marriage tie between husband and wife. So divorce
means break off matrimonial tie in the eye of Muslim society according to law. Divorce
is the most detestable act of all the bad acts of the world. The act of Divorce
is mostly discourage able by the Muslim law.
According to the
Messenger of Allah, Prophet Muhammad
(SM.),”Divorce is to be the most detestable before Allah of all permitted
things”.
According to Justice V.R. Krishna Iyer, ”It is a popular
fallacy that a Muslim male enjoys under the Quranic law an unbridled authority
to liquidate the marriage. The whole Quran expressly forbids a man to seek
pretexts for divorcing his wife so long as she remains faithful and obedient to
him, Indeed a deeper study of the subject discloses a surprising rational,
realistic and modern law of divorce”.
The power of divorcing
was totally in the hand of the husband, they were free to divorce their wives at
any time and could also revoked divorce and divorce again as many they
preferred, at the time of Pre-Islamic. But the wives were not allowed to
divorce their husbands, though the husbands lies in adultery at the Pre-Islamic
time.
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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