Related Research Articles
Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's political left wing, Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
The Hudud Ordinances are laws in Pakistan enacted in 1979 as part of the Islamization of Pakistan by Muhammad Zia-ul-Haq, the sixth president of Pakistan. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill.
Mohd. Ahmad Khan v. Shah Bano Begum [1985 (1) SCALE 767 = 1985 (3) SCR 844 = 1985 (2) SCC 556 = AIR 1985 SC 945], commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman. Then the Congress government enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Waqf Board. It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law.
Divorce under Islamic law can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq (repudiation), khulʿ and faskh. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.
India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru is credited with the formation of secular values in the modern history of the country.
This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.
Khulʿ, also called khula, is a procedure through which a woman can divorce herself from her husband in Islam, by returning the dower (mahr) and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree depending on the circumstances. Based on traditional jurisprudence, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce. In terms, breaking the marriage relationship with the wife's willingness to pay compensation (iwald) to the owner of the contract, namely the husband.
Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife ; (ii) parents, guardians and children; and (iii) relatives related through blood and affinity."
"As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history [...]. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it's a paradise, for judges a purgatory."
Divorcein South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike ANNULMENT, which declares the marriage null and void. Divorce requires the sanction of a court in a legal process. The legal process of divorce may also involve issues of alimony, child custody, child support, distribution of property and division of debt.
Sharia means islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems. Currently it is the world's only religious law that exist financially and constitutionally.
Violence against women, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan. Violence against women in Pakistan is part of an issue that faces the entire region the country is situated in. Pakistan is a highly patriarchal society, and took a long time to enact laws for the protection of women. In the 2019 Women, Peace and Security Index, Pakistan ranked 164 out of 167 countries. Pakistan is worst among nine South Asian countries on access to mobile phones, financial inclusion, and discriminatory norms for women. Around 12.2 million girls, compared with 10.6 million boys, remain out of school in Pakistan, poverty compounding challenges to girls' educational opportunities. The only positive to take from the Index was Pakistan's achievement of 20 per cent representation for women in parliament and a slightly better indicator than India on bias towards sons. In 2017 there were an estimated 746 honour crimes, 24 stove burnings, 18 cases of settlement marriages. Many cases go unreported, and many of these reported cases go unprosecuted. Alternative Dispute Resolution (ADR) system in 2017 has been hailed as a success in Khyber Pakhtunkhwa. Legal experts are critical of the system, noting that ADR can delay action. Many remain concerned with patriarchal influence in a decision-making process that has traditionally disadvantaged women. In 2019, the Ombudsman for Sindh province informed the Supreme Court that out of 350 cases, action was taken in just eight cases. The largest province, Punjab, has received 116 complaints since the establishment of the office in 2013, resulted in 42 convictions, 15 acquittals, 27 withdrawals, and 24 still ongoing cases. It also reviewed 13 appeals. Four decisions were set aside, five decisions upheld, two cases were declared time-barred, while two remain ongoing. Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings.
Triple talaq and talaq-e-mughallazah are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq.
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954.
The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.
The Family Proceedings Act 1980 is the Act that governs divorce in New Zealand. The New Zealand Parliament has exclusive jurisdiction to regulate the law of marriage and divorce.
The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.
Tamil Nadu does not recognise same-sex marriages or civil unions.
References
- 1 2 3 "the Dissolution of Muslim Marriages Act, 1939". indiankanoon.org. Retrieved 1 December 2017.
This article incorporates text from this source, which is in the public domain . - ↑ Rooychowdhary, Arija (4 May 2016). "Shariat and Muslim Personal Law: All your questions answered". The Indian Express. Indian Express. Retrieved 11 July 2018.
- ↑ "THE DISSOLUTION OF MUSLIM MARRIAGESACT, 1939". www.vakilno1.com. Retrieved 10 July 2018.
- ↑ Gupta, Setu. "The Concept of Divorce under Muslim Law". www.legalservicesindia. Retrieved 10 July 2018.
- ↑ Malik, Neha. "Muslim women's right for dissolution of marriage". www.legalservicesindia.com. Retrieved 10 July 2018.
