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Dissolution Of Marriage

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Chapter Summary

There are really only three circumstances under which a marriage may be dissolved during the lifetime of a couple, and which are the forms of dissolution that are recognized in the modern legislations. One is talaq, which, as the right of the husband, has until recently been the most common procedure. However, the other two circumstances, mutual agreement, and judicial order of separation following a suit brought by either party, are the procedures more likely to be met by most modern Muslim women who are in the unfortunate position of being involved in the dissolution of their marriages. In order to analyse the definition of repudiation in detail, this chapter breaks it down into three: the valid marriage contract, the husband who pronounces the talaq, and the formula used.

Keywords: dissolution; mutual agreement; tafriq; talaq

10.1163/ej.9789004172739.i-227.45
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