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.
Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. There are some rules, conditions, and essentials of Muta Marriage.
1. The parties must have attained the age of puberty, which is above 15 years of age.
2. There is no restriction on the number of Muta wives.
3. There must be a free consent by the parties.
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…
1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.
2. A child born after six months from the date of marriage is presumed to be legitimate.
3. A child born after dissolution of marriage is legitimate-
a. Under Shia Law if born within 10 months.
b. Under Hanafi Law if born within 2 years.
c. Under Shefai and Maliki if born within 4 years.
Adultery – No longer punishable in India “Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution.” A Constitution Bench of the Supreme Court today struck down Section 497 of The Indian Penal Code which penalises Adultery. The judgment was delivered
WHAT IS TRIPLE TALAQ? Very simply put, Triple Talaq is (now was) a form of instant divorce by Muslims (especially in India) (none of the Muslim majority countries practised this). Using Triple Talaq Muslim men can divorce their wife just by saying the word ‘talaq‘, three times either orally, in
It is often said that marriage under muslim law is simply a contract which unites bride and groom fulfilling certain conditions like consent, witness etc. But what I want to ask is “how can a marriage be a contract?”
Why are we putting a sacrament called marriage into the shutter of contract! Is it only because its essentials correlate or are similar with that of a contract. Is this why we have termed it as a contract?
Protection of Women from Domestic Violence Rules, 2006 In exercise of the powers conferred by Section 37 of the Protection of Woman from Domestic Violence Act, 2005 the Central Government hearby makes the following rules, namely- 1. Short title and commencement. (1) These rules may be called the Protection of