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kartik (fdgf)     04 May 2014

Divorce in muslim law

Dear Sirs,

 

I have a small query

divorce given by mosque people is legally valid or not?



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 3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

As per Mohamaden Law, if divorce was declared by husband and conveyed to wife in the presence of witness and consequential separation among them for more than 3+ months are enough to effect divorce. But, Fusk (Divorce from wife Side) can be done only through Kazi. Mosque people can not give divorce. They may be mediators or  witnesses.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

As per Mohamaden Law, if divorce was declared by husband and conveyed to wife in the presence of witness and consequential separation for more than 3+ months are enough to effect divorce. But, Fusk (Divorce  from wife Side) can be done only through Kazi. Mosque people can not give divorce. They may be mediators or  witnesses.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     18 June 2014

The Mosque is meant only for prayer nothing else.

As per Mohamaden Law, talak or divorce will effect only after three iddat period (about 3 months) from the date of communication of husband's intention to his wife directly or other mode of communication in the presence of two witnesses, and on subject to the payment of all due to her, such as 'mahar' and maintenance for the iddat period and their physical separation.

As for as Muslim woman, she can seek divorce from her husband by invoking the provisions of Dissolution of Muslim Marriage Act.



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