Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103) Drj 137 (Del.)” Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103) Drj 137 (Del.)” Case Comment“Masroor Ahmed V. State (Nct of Delhi) 2008 (103)
Case comment“Masroor Ahmed v. State (NCT of Delhi) 2008 (103) DRJ 137 (Del.)”
ISLAM, ONE of the greatest of world religion through the 1500 years of existence, has been by far the most misunderstood and misrepresented. The reason for this is not outside but it is only due to sheer ignorance of its own follower. One of the major reason regarding the misunderstanding and misrepresentation is the law relating to the marriage and divorce.
Firm union of the male and female as husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce.
Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce may be either by the act of the husband or by the act of the wife. There are
several modes of divorce under the Muslim law, which will be discussed hereafter.
Regarding the misunderstanding and
ISLAM, ONE of the greatest of world religion through the 1500 years of existence, has been by far the most misunderstood and misrepresented. The reason for this is not outside but it is only due to sheer ignorance of its own follower. One of the major reason regarding the misunderstanding and misrepresentation is the law relating to the marriage and divorce.
Firm union of the male and female as husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce.
Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce may be either by the act of the husband or by the act of the wife. There are
several modes of divorce under the Muslim law, which will be discussed hereafter.
Regarding the misunderstanding and