• Maryam Haider

A strong marriage between the husband and wife is required for happy family life. As a result, Islam emphasizes the necessity of keeping a marriage together and warns against violating a marriage commitment. No wedding was initially dissolved, but dire circumstances forced the marriage bond to be broken. Divorce is one way to dissolve such a relationship. Divorce in Islamic law can take place either through the spouses' actions or through a court order. Regardless of its prevalence, divorce has never been seen as a rule of life. Divorce is regarded as an exception to the validity of marriage in Islam. There are three types of divorce in Islamic law (sharia), each with its own set of rules. The procedure is known as talaq when a man initiates a divorce. The Lia'an process occurs when a man accuses his wife of infidelity without providing evidence, and the wife rejects it. Khul'a is the term for a divorce initiated by a woman. Talaq is relatively easy to come by; however, khul'a is harder to come by. The term "TALAQ" is originated from the Arabic verb talaaq. Which implies "to untangle" or "to set free." Technically, talaaq gives a Muslim husband the one-sided ability to separate his partner whenever he wishes. The word Talaaq is usually interpreted as "rejection," however, it derives from the Arabic origin "Talaaq," which meaning "to free (an animal) from its tether." The woman, or her release from the ties of marriage in law, signifies the husband's absolute ability to divorce his spouse. "Men are maintainers of women, since Allah has made some of them to excel others and because they spend out of their property," says the verse in defense of the husband's unilateral divorce right (on their maintenance and dower). Talaaq is the legal term used when a husband utilizes his right to declare divorce. The most remarkable aspect of Muslim talaaq law is that it is acknowledged by Sunni and Shia schools, with minor variations. Talaaq seems to be so common in Muslim society that Imams have even employed it. Islam recognizes a Muslim husband's unrestricted ability to divorce his wife without giving a reason, and literally at his desire, even in jest or intoxication, without going to court, and even while the woman is not there. All that is needed of the spouse is to recite Talaaq; how he does so or what he does, is irrelevant. Talaaq might be expressed, implicit, qualified, productive, or even chosen among Sunnis. Only the express and trusted forms of talaaq are recognized by Shias.

THE CONCEPT OF DIVORCE UNDER SHARIAH LAW

"THE CONCEPT OF DIVORCE UNDER SHARIAH LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 2, page no.1911-1923, February-2019, Available :http://www.jetir.org/papers/JETIR1902E68.pdf

"THE CONCEPT OF DIVORCE UNDER SHARIAH LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 2, page no. pp1911-1923, February-2019, Available at : http://www.jetir.org/papers/JETIR1902E68.pdf