Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
There is an irregular form of divorce in which the husband repudiates his
wife by three sentences, either express or metaphorical, as for example:
"Thou art divorced! Thou art divorced! Thou art divorced!" The Mohammedan
who thus divorces his wife is held in the _Hidayah_ to violate the law,
but the divorce is legal.
A sick man may divorce his wife, even though he be on his death-bed.
An agent or agents may be appointed by a husband to divorce his wife.
In addition to the will or caprice of the husband, there are also certain
conditions which require a divorce.
The following are causes for divorce, but generally require to be ratified
by a decree from the _Qazi_ or judge:
1. _Jubb._ That is, when the husband has been by any cause deprived of his
organ of generation. This condition is called _majbub_, and if it existed
before the marriage the wife can obtain instant divorce.
2. _Unnah._ Impotence of either husband or wife.
3. Inequality of race or tribe.
4. Insufficient dower. (If the stipulated dowry is not given when
demanded.)
5. Refusal of Islam. If one of the parties embrace Islam, the judge must
offer it to the other three distinct times, and if he or she refuse to
embrace the faith, divorce follows.
6. Unjust accusation of adultery by a husband against his wife.
7. If a wife becomes the proprietor of her husband or the husband becomes
the proprietor of his slave wife divorce takes place.
8. An invalid marriage of any kind, arising from consanguinity or affinity
of parties, or other causes.
9. The executed vow of a husband not to have sexual intercourse with his
wife for as long as four months.
10. Difference of country. As, for example, if a husband flee from a
non-Moslem country to a country of Islam and his wife refuses to accompany
him.
11. Apostasy from Islam.
The Greek Church holds that marriage is dissoluble in case of adultery,
but not till a probationary period has elapsed during which a bishop or
priest mediates with a view to reconciliation.
A fourth marriage is unlawful.
When a man or woman apostatizes from Islam, then an immediate dissolution
of the marriage takes place, whether the apostasy be of the man or of the
woman, without a judicial decree. If both husband and wife apostatize at
the same time, their marriage bond remains; and if at any future time the
parties again return to Islam, no remarriage is necessary to constitute
them man and wife.
There is a form of divorce known as _khula_ which is when a husband and
wife disagreeing, or for any other cause, the wife on payment of a
compensation or ransom to the husband, is permitted by law to obtain from
him a release from the marriage tie.
_Mubara'ah_ is a divorce which is effected by mutual release.
Public-domain text, read in full here on John Shaqi.
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