A Mahommedan has the absolute right to divorce his wife whenever he
pleases without assigning any reason whatever for doing so. There are,
however, very strong social reasons which have considerable influence in
restraining the arbitrary exercise of the power. The power to divorce
remains notwithstanding any formal promise by the husband not to
exercise it, and it is even said that a divorce pronounced in a state of
intoxication, or by a slip of the tongue, or under coercion, is valid.
The divorce can, however, be revoked by the husband, but not after it
has been three times pronounced, or after the _iddut_ has been passed by
the woman. Nor can the husband remarry his divorced wife unless she has
been again married, and has been again divorced or become a widow, and
the intermediate marriage must have been consummated. The power to
divorce a wife may be entrusted by the husband to an agent acting on his
behalf, and this contrivance is sometimes made use of to enable a
woman's friends to rid her of her husband if he ill-treats her. The
husband may even empower the wife to divorce herself. If the husband or
the wife should happen to die whilst the divorce is still revocable, he
or she will inherit; and even a triple repudiation pronounced during
"sickness," that is death-sickness, will not deprive the woman of her
inheritance if the _iddut_ has not been passed. Of course there is
nothing to prevent the husband and the wife from agreeing to a divorce,
and to the terms on which it is to take place, and such an arrangement
is very common. The treatment of the wife by the husband is not a ground
upon which the marriage can be dissolved, but the impotence of the
husband is a ground of dissolution. The courts in India consider that
they have the power under Mahommedan law to grant a decree for the
restitution of conjugal rights.
Dower.
Public-domain text, read in full here on John Shaqi.
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