CHAPTER ONE
INTRODUCTION
1.0 INTRODUCTION
As the marriage in Islam is contract between two parties it is clear that it shall continue only so long as the parties carryout the terms and conditions of the contract. But if both or either of them should fail to carryout the term or fulfill their duties towards each other, then the contract may be broken. This is what we called divorce or Talaq.
Talaq is an Arabic word which really means dissolution of marriage. Although Islam has given the right of divorce to both men and women, it has been made necessary that this right should be exercised only in exceptional cases when no other way is left and all methods of making peace between husband and wires have proved a failure.
The history of marriage and divorce in the ancient nations have formulated that the cause of divorce has been erratic. The Jewish law allows dissolution of marriage as a matter of no great concern. If husband finds any uncleanliness in wife, then let him write her a bill of divorcement, and give it on her hand and send her out of his house. When she has departed out of his she may go and be another man’s wife.
In Christianity, on the other hand, a saying attributed to Jesus has been reported: “what therefore God has joined together let no Man put asunder; whosoever shall put away his wife and marry commitment adultery against her”.
The catholic says, “when the sacrament of matrimony has been received by a man and ratified by their cohabitation as husband and wife, their union cannot be dissolved except by death.”
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