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Muhammadean law is based on the Quran mostly. It applies to all Muslims, whether by birth or conversion. This body of law governs relations between Muslims, including marriage and divorce. Talak, or repudiation of marriage is the main form of divorce in Muslim law. There are a few traditional forms of divorce and a few forms, which were added. For example, a Muslim woman cannot divorce her husband under traditional law because of cruelty without losing a part of her property. However, under the Dissolution of Muslim Marriages Act, 1939, she can. Muslim laws of divorce give the husband the right to divorce his wife without any misbehaviour on her part. Since Muslim law allows polygamy, seeking a divorce for adultery is almost out of the question. Divorce, on the grounds of cruelty and desertion came in with the Dissolution of Muslim Marriages Act, 1939,. Mutual Consent divorces exist in Muslim law and are called Khul or Khulla and Mubaraa or Mubaraat. In Khul, the wife has to part with some of her dower or some other property. Since Mubaraa is repudiation by mutual consent, no property has to be given. There are other forms of divorce. These are Ila, where the husband vows that he will not have sexual intercourse with his wife for four months or more, or an unspecified period. Zihar is another form of divorce where the husband compares his wife to a woman whom he cannot marry. For example, he says that his wife is like his mother. His wife then automatically gets the right to deny him sexual intercourse. He can atone be doing suitable penance. Then there is Li'an or Laan, which is a false charge of adultery. Where the husband falsely accuses the wife of adultery, if she proves that she is not guilty of adultery, she is entitled to a divorce. Talak can be pronounced in three ways. Firstly, three separate pronouncements, each in the periods of purity, or the intervals between menstruation, and abstinence from sexual intercourse in the interim. The next form is one single pronouncement, followed by abstinence from sexual intercourse for the period of iddat. Both these forms are sanctioned, and both these are revocable till the period of iddat is completed. The third is the infamous triple talak. This is irregular and not highly approved. In this form of divorce, the man makes three pronouncements of divorce in immediate succession. This form of talak becomes irrevocable immediately. |
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