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Manjur Ahmed Shaik (ADVOCATE)     07 November 2010

Divorce by Husband - Muslim Law

I want to know the procedure of divorce by husband to his wife (living far way from him) through a legal noitice or a letter by husband according to Muslim Law (Sunni Law)



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 November 2010

You will have to file suit for declaration.

In mohd., law if you prounanced 3 times talaq, marriage is broken and publkish the same in the paper local

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     08 November 2010

Well in this case it is not required to publish it in newspaper but the divorce by husband should be communicated to wife, and other members of the caste or relative or head of the caste.

SurenderKumar (Advocate)     10 November 2010

As above because the main thing in muslim law is prounce of talaq in  consequent time and it must be heard by the wife or through written so also it must be in the knowledge of elder person of the family and relative ,or the wokil and maulana in the time of nikahnama . there is some other clause are such as giving of maintainence for three iddat period, of child ,etc.

Syed Adbul Khader Jeelani (Advocate 9642388507)     01 December 2010

Dear Bro

Firstly kindly let us know why you want to pronounce Talak. There should be some reason for Pronouncing Talak. As Many people opion that Talak can be pronounced 3 times and if communicated to Wife there will be valid Talak is in fact a wrong notion. As per Islamic Law this type of Talak is known as Talakul Bidat which is sinful. The Omayad Monorachs have introduced this system after the Second Era of Prophet Mohammed which is also object by Prophet in his life time as one of the disciples of Prophet broght the new that Osman the son of Umar have given Talak Trice in a single sentence then the Prophet raised and asked Osman to take back his wife saying that the man is doing play thing with the words of God. This Tripple Talak has been recognised by Indian courts as it has become tradition. But recently UP High court and supereme court have recoginised the valid modes of Talak which are given in Quaran and supported by Prophet i.e Talakul hasan and Talakul ahasan. which are to be pronounced in an intereval of a one month for each pronouncement giving an opportunity to couple to join within 3 months. But beaware if you adopt for this method in Indian court before your Talak becomes Complete you and your family members will be facing a case u/sec 498A and maintenance case. For more details refere my Article "Talak ul bidat a Myth in Islamic Law" Published in AIHC Feb 2010 and also in ALT (Crl) Sep 2009 Issue.

Arup (UNEMPLOYED)     01 December 2010

just give her talaq.

better take help of quazi or a mohamedan advocate.

Arup (UNEMPLOYED)     01 December 2010

" But beaware if you adopt for this method in Indian court before your Talak becomes Complete you and your family members will be facing a case u/sec 498A and maintenance case."

- yes it is true.

be careful of it.

HANUMANT DESHMUKH (Activist)     01 December 2010

Mr. Jeelani, It is really good that you are bringing up the matter of Talaq-e-bidah in right perspective. It is not really Islamic and is giving a bad name to Islam. In fact,  Iraq, Iran, Turkey, Tunisia, Algeria, and Indonesia (all are Islamic countries) have actually banned this type of talaq and rightly so.

Can your article be read online? It should be read by more and more people to create awareness about it.

www.hanumant.com

carlae (doctor)     02 December 2010

what is 498A?


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