Should Wife claim maintainance through CRPC or Personal Law or both?
Why is CRPC used and not CPC?
Difference between Khula & Mubarat
Difference between Talaq-e-ahsan and Talaq-e-hasan
What happens to couples married in goa under the goa civil procedure?
Muslim Law Notes- Part II
Muslim men, who have their marriages registered in Goa, cannot practice polygamy. Also,
there is no provision for a verbal divorce.
Marriage and Marital Rights
Parties must have capacity to marry.
Proposal (ijab) and acceptance (qubool).
Free consent of both the parties.
A consideration (mehr).
No legal Impediment.
Sufficient witnesses (different in shia and sunni).
Valid (sahih)
When all the legal requirements are fulfilled and there are no prohibitions affecting the parties, then the
marriage is correct or ‘sahih’. ALL PROCEDURES ARE MET WITH, NIKAH STANDS VALID.
Void (Batil)
The marriage being void ab initio creates no rights or obligations and the children born out of such
marriage are illegitimate. A marriage forbidden by the rules of blood relationship, affinity or fosterage is
void. NIKAH VIOD FROM THE VERY BEGINNING.
Irregular (Fasid)
Due to lack of some formality, or the existence of an impediment which can be rectified, a marriage
becomes irregular, however, this irregularity is not permanent in nature and can be removed. Thus, the
marriage itself is not unlawful. It can be made valid once the prohibitions are rectified. NIKAH CAN BE
CORRECTED.
The Muslim Women (Protection of Rights on Marriage) Bill
Should Wife claim maintainance through CRPC or Personal Law or both?
Why is CRPC used and not CPC?
Difference between Khula & Mubarat
Difference between Talaq-e-ahsan and Talaq-e-hasan
What happens to couples married in goa under the goa civil procedure?
Dissolution of Marriage
There are 2 categories of divorce under Muslim law:
Judicial- Talaq under Statutory Law. (Court intervenes when valid reason to divorce are made)
Extra-Judicial- Talaq under Muslim Personal Law. (Take the divorce yourself)
The Extra-judicial divorce is when it depends upon the will of husband or wife or when it is by
mutual agreement. There are different rights provided to wife and husband.
The Extra-judicial mode of Divorce can further be divided into 3 subdivisions:
By husband- talaaq, ila, and zihar.
By wife- talaaq-i-tafweez (she has claim to dower)
By mutual agreement- khula (No claim to dower) and mubarat
a) Talaq-i-Sunnat: This type of divorce in Islam is further divided into:
Ahasan:
Ahasan consists of one divorce pronouncement during the period of Tuhr i.e. purity or the time between
2 menstruation cycles. The condition of Tuhr is applicable only in the case of oral divorce and not in the
case of written talaq.
Hasan:
Hasan requires a husband to pronounce talaq three times during 3 successive periods of tuhr, which
becomes final and irrevocable after the last pronouncement. No physical relationship must be made
during this period of Tuhr.
b) Talaq-i-Biddat:
Tripple Talaq:
Biddat means instant divorce. It is the controversial triple talaq or 3 divorces in Islam, which was held
unconstitutional by the Supreme Court of India and struck down. Triple talaq or 3 divorce in Islam is the
instant divorce by the husband in which there is no waiting period for the talaq to be valid. 3 years
imprisonment if practiced.
The Muslim Women (Protection of Rights on Marriage) Bill
Should Wife claim maintainance through CRPC or Personal Law or both?
Why is CRPC used and not CPC?
Difference between Khula & Mubarat
Difference between Talaq-e-ahsan and Talaq-e-hasan
What happens to couples married in goa under the goa civil procedure?
ILA:
Under this type of divorce in Islam, the husband pledges to refrain from sexual relations with his wife for
a period of 4 months. After this period, the marriage automatically dissolves. However, if the husband
consummates his wife during this period, Ila is canceled.
Zihar:
In this type of divorce in Islam, the husband gives his wife a title equal to any other woman, like his
mother or wife. After such a comparison, the husband has to refrain from cohabiting with this wife for 4
months. This type of divorce can be revoked if the husband resumes cohabitation during those 4 months
and the husband observes fast for 2 months, provides food to 60 or more people or frees a slave.
Lian:
If the husband falsely accuses his wife or adultery or unchastity, the law recognizes an Islamic woman’s
right to get a divorce on the ground of character assassination. This type of divorce in Islam is only
available to an Islamic woman if the allegations by the husband are false and voluntary.
1) When will Muslim women NOT be entitled to maintenance?
When a Muslim divorced woman is unable to support herself after the iddah period that she must
observe after the death of her spouse or after a divorce, during which she may not marry another man,
the magistrate is empowered to make an order for the payment of maintenance by her relatives who
would be entitled to inherit her property on her death according to Muslim Law. But when a divorced
woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate
would order the State Waqf Board to pay the maintenance. The 'liability' of husband to pay the
maintenance was thus restricted to the period of the iddah only.
EXCEPTION ^
A Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife
which obviously includes her maintenance as well.” Such a reasonable and fair provision extending
beyond the iddat period must be made by the husband within the iddat period. His liability, arising from
Section 3 of the Muslim Women (Protection of Rights on Divorce) Act to pay maintenance, “is not
confined to the iddat period. She is entitled to maintenance under section 125 of the Code of Criminal
Procedure. SHE CAN CLAIM BOTH (MAHR + MAINTENANCE) as maintenance because after the expiry of
iddat, a divorced Muslim woman can seek maintenance under S.125CrPc as long as she doesn’t re-
marry.
SHE CAN EITHER CLAIM MAHR THROUGH PERSONAL LAW OR MAINTAINACE THROUGH CRPC!
CrPC shall prevail over Muslim Personal Law in case of a conflict!!
The Muslim Women (Protection of Rights on Marriage) Bill
Should Wife claim maintainance through CRPC or Personal Law or both?
Why is CRPC used and not CPC?
Difference between Khula & Mubarat
Difference between Talaq-e-ahsan and Talaq-e-hasan
What happens to couples married in goa under the goa civil procedure?
The Muslim Women (Protection of Rights on Marriage) Bill
