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Dower (Mahr):

Mahr is an arbitrary payment, in the form of money or possessions paid by the groom, to
the bride at the time of marriage. While the mahr is often money, it can also be anything agreed
upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically
specified in the marriage contract signed during an Islamic marriage.
"Dower" is the English translation that comes closest to Islamic meaning of mahr, as "dower" refers
to the payment from the husband or his family to the wife, especially to support her in the event of
his death. However, mahr is distinct from dower in two ways: 1) mahr is legally required for all
Islamic marriages while dower was optional, and 2) mahr is required to be specified at the time of
marriage (when a certain amount is promised, if not paid immediately), while dower is not paid until
the death of the husband.

Divorce:
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital
union.
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the
wife. The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), judicial
divorce and oaths.
When marital harmony cannot be attained, the Quran allows and even advises the spouses to bring
the marriage to an end (2:231).

It prescribes two waiting periods of three months before the divorce is final in order to give the
husband time to reconsider his decision.[4] Moreover, a man who takes an oath not to have sexual
intercourse with his wife, which would lead to automatic divorce, is allowed a four-month period to
break his oath (2:226).[4]

Talaq (repudiation):

The term talaq is commonly translated as "repudiation" or simply "divorce". In classical Islamic law it
refers to the husband's right to dissolve the marriage by simply announcing to his wife that he
repudiates her. they did not require the husband to obtain court approval or provide a justification.

The husband is obligated to financially support her until the end of the waiting period or the delivery
of her child, if she is pregnant. Giving the husband a prerogative of repudiation was based on the
assumption that men would have no interest in initiating a divorce without good cause, given the
financial obligations it would incur.

Talaq is considered in Islam to be a reprehensible(Makruh) means of divorce.

The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the
marriage. The husband can revoke the repudiation at any time during the waiting period (‘iddah)
which lasts three full menstrual cycles. The waiting period is intended to give the couple an
opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption
of sexual relations automatically retracts the repudiation. The wife retains all her rights during the
waiting period. The divorce becomes final when the waiting period expires.This is called a "minor"
divorce (al-baynuna al-sughra) and the couple can remarry. If the husband repudiates his wife for
the third time, it triggers a "major" divorce (al-baynuna al-kubra), after which the couple cannot
remarry without an intervening consummated marriage to another man.[5] This is known
as tahlil or nikah halala.
Talaq types can be classified into talaq al-sunnah, which is thought to be in accordance with
Muhammad's teachings, and talaq al-bid'ah, which are viewed as a bid'ah (innovation) deviations
from it. Talaq al-sunnah is further subdivided into talaq al-ahsan, which is the least disapproved form
of talaq, and talaq al-hasan. The ahsan talaq involves a single revocable pronouncement of divorce
and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements
made during the wife's state of ritual purity with menstrual periods intervening between them, and no
intercourse having taken place during that time.

In contrast to talaq al-sunnah, talaq al-bid'ah does not observe the waiting period and irrevocably
terminates the marriage.[17] It may involve a "triple talaq", i.e., the declaration of talaq repeated three
times, or a different formula such as "you are haram for me".[17][19] Some legal schools held that a
triple talaq performed in a single meeting constituted a "major" divorce, while others classified it as a
"minor" divorce.[5] Talaq al-bid'ah reflects pre-Islamic divorce customs rather than Quranic principles,
and it is considered to be a particularly disapproved, though legally valid form of divorce in traditional
Sunni jurisprudence.[17] According to Islamic tradition, Muhammad denounced the practice of triple
talaq, and the second caliph Umar punished husbands who made use of it.[19]
Shiite jurisprudence does not recognize talaq al-bid'ah.
The husband can delegate the right of repudiation to his wife.[2] This delegation can be made at the
time of drawing up the marriage contract (nikah) or during the marriage, with or without
conditions.[21] Many women included such terms in their marriage contracts. Commonly, the contract
gave the wife the right to "repudiate herself" if the husband married a second wife.[2] Delegated
repudiation is called ṭalāq al-tafawud or tafwid.

Separation by Mutual Agreement (Khula):


Khulʿ (Arabic: ‫)خلع‬, also called khula, is a procedure through which a
woman can divorce her husband in Islam, by returning the dower (mahr) or something else that she
received from her husband, as agreed by the spouses or Qadi’s (court) decree.[1] Based on
traditional fiqh, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce
through the mutual consent of the husband or a judicial decree.

Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what
Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have
more right to take them back in this [period] if they want reconciliation. And due to the wives is
similar to what is expected of them, according to what is reasonable. But the men have a degree
over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
— 2:228

The most well known story that references khul' and serves as the basis for legal interpretations is
the story of Jamilah, the wife of Thabit ibn Qays:[2]
Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I
do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to
behave in un-Islamic manner if I remain with him." On that Allah's Apostle said to her, "Will you give
back the garden which your husband has given you as Mahr?" She said, "Yes." Then the Prophet
ordered to Thabit, "O Thabit! Accept your garden, and divorce her once."[3]

Iddah: When a woman is granted a divorce through khulʿ, she must enter a waiting period known
as iddah. During this period, a woman is not allowed to remarry for one menstrual cycle[citation needed]to
ensure that she is not pregnant. In case of divorce women has to wait for three menstrual cycles.
Most jurists recommend waiting for the three menstrual cycles even for the iddah of a divorce
through khulʿ

Judicial Separation (divorce) Faskh:

if the husband refuses to give his wife Islamic Talaq, the wife would effectively be stuck in her
marriage. However,Islamic jurisprudence provides for the wife in enabling marriage to be
dissolved by a Qadhi (a judge who sits in a Shariah court) upon her application to the same.

The Qur'an is very clear in its guidance of this point in exhorting Muslim men to retain / treat
women 'in kindness or let them go in kindness'.
In some areas under Ottoman rule it was hardly possible for women to obtain divorce except through
khul' due to the restriction imposed by the prevailing Hanafi school, though some exceptions have
been found.

1(2)(b) of the 1973 Act. The Qadhi can dissolve the marriage on the following grounds:

 dowry to the wife being excessively low;


 husband's failure to fulfil marital obligation;
 husband's whereabouts unknown;
 husband's failure to provide maintenance despite capacity to do so;
 cruelty to the wife;
 serious discord between the parties; and
 husband having married the wife by deception regarding his condition (medical
or other).

Post-Divorce Maintenance:
Mata’at-ul-Talaq (post-divorce maintenance) rights to Muslim women in Pakistan and Iran. 1 In some
Muslim countries the right to receive post-divorce maintenance beyond Iddat has been recognized in the
law, while in others it continues to be restricted to the Iddat period only. 2 While there is no dispute among
Islamic scholars regarding general provisions of maintenance to the wife during her Iddat, there is no
unanimity of opinion regarding post-divorce maintenance beyond this period which generally extends until
her death or remarriage to another man (Moosa and Karbanee 2010).

In Mst Khurshid Bibi v Mohd Amin, 39 the Supreme Court of Pakistan held that ‘the judges have
competence to reinterpret Islamic law in light of present day situations and that they could depart from the
ancient jurists, if the opinions of the jurists conflict with the Qur’an and the Sunna, and that such opinions
are not binding on the courts’. 40 In this case, Pakistani judges removed the requirement of the consent of
a husband for a Khula divorce, by holding that a wife’s right to dissolve her marriage is equal to a
husband’s right to divorce (talaq) (Abbasi 2016, 86).

when it comes to the issue of post-divorce maintenance, the response of the judges has not been very
sympathetic towards women. There is a silence on the part of the state’s legislative assemblies and
judges also have refused to extend the principle of Mata’a beyond the expiry of the Iddat.

in referring to mut’at al-talaq or nafaqat al mut’a, is a payment by a husband to his wife upon
divorcing her.[5] Whether this “gratification,” “gift” or “payment” has been intended as real
compensation or simply a consolation to a divorced wife.

https://www.youtube.com/watch?v=M7yUCrduM3I

There are a lot of facilities provided to women by man after divorce in islam. He is responsible for the
health, education and shelter of his children and ex-wife until she is married to an other person.

Custody: over children tends to favor the mother if she has not remarried, but the father is still
expected to provide childcare, unless the wife is able to take on the expenses herself. Once a child
is old enough, he or she is given the choice to decide who has custody.

Succession:
Reformation by Islamic law of Succession

1. Inheritance based on blood relationship and marriage

2. Both man and woman can inherit. The introduction of 2:1 ratio

3. Parents and children will surely get their portion.

The wife of Sa’d b. al-Rabi’ came to the Prophet with her two daughters and said: “O Prophet, these are
the daughters of Sa’d b. al-Rabi’. Their father died a martyr’s death beside you in a battle. But their
uncle has taken Sa’d estate and they cannot marry unless they have property” Dr Akmal Hidayah Halim
2015 •

After this, the verse of inheritance was revealed and the Prophet told the uncle: “Give the two
daughters of Sa’d 2/3 of the estate, give their mother 1/8 and keep the remainder yourself”

Allah (thus) directs you as regards your children's (Inheritance): to the male, a portion equal to that of
two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, Her
share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no
children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or
sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts.
You do not know whether your parents or your children are nearest to you in benefit. These are settled
portions ordained by Allah. and Allah is All-knowing, All-wise.

Islamic Banking and Insurance:???????


Islamic Law and Human Rights:
“Islam has laid down some universal fundamental rights for humanity as a
whole,” said Abul A’la Mawdudi.
“There is nothing in Islamic law that prevents human rights – and if there is, it
is due to misunderstandings and wrong interpretations of the law.” This is
what a British imam said at a workshop on Islam and human rights.
[17:70] We have honored the childrens of Adam, and provided them with rides on land and in the
sea. We provided for them good provisions, and we gave them greater advantages than many of our
creatures.
[49:13] O people, we created you from the same male and female, and rendered you distinct
peoples and tribes that you may recognize one another. The best among you in the sight of GOD is
the most righteous. GOD is Omniscient, Cognizant.

[5:32] Whosoever kills a human being without (any reason like) man slaughter, or corruption on
earth, it is as though he had killed all mankind.

[18:29] Proclaim: "This is the truth from your Lord," then whoever wills let him believe, and whoever
wills let him disbelieve

https://en.wikipedia.org/wiki/Dissolution_of_Muslim_Marriages_Act,_1939

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