Brief notes on General Divorce Rule under Islamic Law

ADVERTISEMENTS:

1. If a man deceives a woman to obtain divorce from her husband and then to marry him, the marriage is valid, but they have both committed a great sin.

2. If a woman puts a clause into her marriage contract stat­ing that she may divorce her husband if he (for example) travels for more than six months or doesn’t support her, that clause is invalid (Translator’s note : This means that the clause states that she would actually say a vow and divorce him).

(a) If the clause says that if he does the above, she may divorce herself on his behalf, the clause is valid.

ADVERTISEMENTS:

3. If a woman’s husband has disappeared and the woman wishes to remarry, she must ask the guidance of a just mujtahid before she remarries.

4. The father or grandfather of an insane man may act as an agent and divorce his wife if they feel it is necessary.

5. The father or grandfather of an immature child whom he has temporarily married may end that contract early if he feels it is for the child’s benefit. But he cannot divorce the child’s permanent wife.

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