Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminate the marriage.
Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage.
Dower or Mahr is a sum of money that a husband pays to his wife on marriage. According to Mulla, “It is an obligation imposed upon the husband as a mark of respect to the wife.”
The concept of Dower worked as a sense of security to the wife. If in case husband abandons the wife or compels her to move out, the amount of Dower becomes the source of her livelihood.
Muslim law is a part of personal laws or family laws. It is not a codified law. People belonging to Islam are governed through shariyat. While studying, there are many terminologies and terms which are difficult to be understood. Most of the terms are in Arab, but it is not that difficult.
Important Terms in Muslim Law
1. Ayyam-e-jahiliya- It refers to the pre-Islamic era.
Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.
The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sources
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and…