• DIVAKAR SHARMA

Marriages in India are one of the most important social institutions that bind a family. In India before the enactment of any act or code, marriages were usually governed by social traditions, customs which have been prevalent in that particular community or tribe from time immemorial. Although, even after the enactments of such acts and codes, the customs and traditions of a community holds a good value in society and the courts have readily accepted them if it could be proved by one community that a particular custom has been practiced by that community from time immemorial or from the inception of such community. The reason as to why the acts and statutes were drafted was to give a uniform framework and skeleton as to how a particular community would be governed if it doesn’t have any customs and traditions as such. It also aimed to prevent any anomaly which existed in a particular community. Therefore Marriage and Divorce provisions have been separately drafted in the act. Divorce means to legally dissolve one’s marriage with (someone) because there has been an irretrievable breakdown of marriage and both the parties don’t want to continue their marital ties with each other. Divorce was said to be recognized only in the Islamic Jurisprudence but in later times it became a part of all religions and communities. This article specifically deals with the essentials and process of marriage and divorce in Muslims under Islamic law.

"THEORIES OF MARRIAGE AND DIVORCE UNDER ISLAMIC LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 6, page no.658-673, June 2019, Available :http://www.jetir.org/papers/JETIR1907Q02.pdf

"THEORIES OF MARRIAGE AND DIVORCE UNDER ISLAMIC LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 6, page no. pp658-673, June 2019, Available at : http://www.jetir.org/papers/JETIR1907Q02.pdf