Page 209 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Unit 26: Family Problems: Violence in Families, Desertion and Divorce

had no sexual intercourse for two years or more, after the judicial separation. (vii) After the re- Notes
establishment of the marital rights, the other party did not abide by them for two years or more.
(viii) Husband accused of rape, sodomy or beastiality.
This Act clarifies that Judicial separation and Divorce are two different issues. By allowing sepa-
ration, the court gives an opportunity to both the parties for reconciliation. If they still do not
wish to stay together, they are allowed to dissolve the marriage. Direct divorce may be granted,
only in a few cases. This act also guarantees alimony to the husband or wife. Alimony is payable
till the other party re-marries. Under this Act, it is not easy to obtain separation and divorce.

26.4 Divorce (Talaq) among Muslims

The Muslim marriage is an agreement, of both the parties, when one does not follow the agree-
ment, then by Talaq (divorce), the marriage is dissolved. In ancient Arabia, the custom of ‘Khole’
was prevalent. According to this custom, a father could free his daughter anytime from the
husband. To do so, he had to return the ‘Sadak’ or the bride value given by the groom. Later on
‘Sadak’ took the form of ‘Mehar.’ After getting the husband’s approval, the woman may return
the ‘Mehar’ given by the husband and separate from him. In the matter of divorce, the Muslim
law favours men.
According to the Muslim Divorce law, a husband has the right to desert his wife anytime he
wants. What he has to do is to abstain from physical relation with his wife for four months. In
Muslims, divorce can be obtained through the court or outside the court and it can be both ver-
bal and written. The divorce in writing is called ‘Talaqnama’. Compared to women, men are the
ones who are more free to give Talaq.
The various forms of Talaq or divorce are as follows—
1. Talaq: According to the Muslim law, any man who is an adult and has a sound mind, can
divorce his wife, without citing any reason. The utterance of the word ‘Talaq’ (divorce) in
an inebriated state in the presence or absence of wife too, is deemed fit for separation. It is
called Verbal Divorce, having three forms—
(a) Talaq-e-Ahasan: According to this form, a husband declares ‘talaq’ (divorce) once,
during his wife’s menstual period (Tuhur). He then abstains from sexual relations with
her during ‘Iddat’, which is the period of three months between four menstual cycles.
If the husband does not have sexual relations within this period, then at the end of this
period, divorce is obtained. The main motive of observing ‘Iddat’ is to ascertain that
the wife is not pregnant. Apart from this, it gives him another opportunity to re con-
sider his decision, and if he wants he is free to change his decision.
(b) Talaq-e-Hasan: According to this form, a husband declares ‘talaq’ thrice, in the period
of the three menstal cycles. During this period, if he abstains from sexual relations,
then divorce is granted at the end of this period.
(c) Talak-ul-Biddat: According to this form, at the time of any menstual period a hus-
band declares ‘talaq’ thrice, after short intervals. After the end of ‘iddat’ (abstinence
from sexual relations), divorce is accepted.

Self Assessment
Fill In the Blanks:
7. In Muslims, ___________ can be granted in or outside courts. It may be verbal or in the
written form.
8. According to the Muslim ___________, any person who is an adult and has a sound mind,
can divorce his wife, without citing any reason.
9. To observe the period of ‘Iddat’, is to ascertain whether the woman is ___________ or not.

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