Talaq, divorce and collection of dowry
First of all, I thank Allah Almighty, and at the same time, I offer numerous prayers and salutations to the Messenger of Allah, may He bless him and grant him peace..
When man becomes an adult after entering the world, he and his family become very preoccupied with his marriage. As a result, he is tied to the knot called marriage. As a result, a family is created between both boys and girls and this family flourishes day by day by giving birth to children. But sometimes a dark cloud descends on this world. Due to the heavy rainfall of the clouds, the place called Sansar was flooded with flood water. Which we normally call as family quarrels. And if the contention continues to escalate, then the words marriage and samsara become separation and this divorce or divorce is not valid if it is not according to Sharia law. Later both husband and wife have to face various problems. Therefore, it is necessary to know the laws and regulations between both husband and wife in order to divorce. And these laws are described in detail below-
1. Definition of Talaq: According to Muslim law, the word Talaq means liberation. The right of the husband to release his wife from the marriage bond is called Talaq. On the other hand, the right of the wife to release the husband from the marriage bond is also called Talaq. And this right applies equally to both husband and wife. Divorce is highly frowned upon but legal. It should be both verbal and written.
2. Legal preparations for divorce: If either a man or a woman wants to prepare for divorce, the first steps he should take are:
a. Divorcee with the assistance of a learned lawyer should give and sign the affidavit in front of the witnesses after swearing in the non-judicial stamp of money.
b. The said affidavit must be attested by the office of the honorable notary public.
c. Along with the said affidavit, a notice under Section 7 (1) of the Muslim Family Act, 1961 must be served on the local UP Chairman Mayor.
d. A copy of the affidavit containing the notice should be sent to the divorcee by registry post.
3. Legal Consequences of Divorce:
After making all the preparations in column 2, the UP Chairman/Mayor shall within 3 (three) months of the talaq issue give notice to both the parties for effecting the said talaq and the said talaq shall be effected whether the parties give reasonable response or not after 3 (three) months. considered Thus, according to Muslim law, a woman or a man can divorce her husband or wife and take steps to enforce the divorce. Also knowing more can be taken as a learned lawyer.
4. Payment of dowry: Starting from Hazrat Adam alaihis salam and Hawwa alaihis salam until now two beings, husband and wife, united through marriage have continued the cycle of human creation on earth since the beginning of creation. And we all are easily familiar with the word "marriage" in the course of time. But at present, most of the marriages are done without showing much awareness about the Nikahnama dowry amount. In other words, we participate in a kind of competition about who will put more dowry than whom in Nikahnama. But what is the dowry? I don't care about why or what has been explained in the law about the practice of demohar, or the collection of dowry. Or participate in the competition and record whatever you want in the Nikahnama. Taking any action regarding the collection of the said dowry is like a piece of cloud in the blue sky.
While giving the definition of dowry in Islamic jurisprudence and Muslim law, famous jurist D.F. Mula said, "Dowry or dowry is some money or some other property that the wife is entitled to receive from her husband as compensation for marriage." On the other hand, the Honorable Justice Mahmud while giving the definition of dowry said that "the money or property that the husband gives or promises to give to his wife as payment or pledge of marriage is called dowry in Islamic law." Moreover, Bailey said, "Any money or other property which the wife is entitled to receive from her husband as a result of the marriage contract is dowry." From the definitions, it can be understood that the necessity of dowry is very important in Nikahnama. Moreover, there are many references in this regard in various cases of the High Court.
Among them, opinions and decisions have been expressed about the importance of dowry and its evaluation in the case of Hamida Bibinna. It is: “Dowry is an obligatory duty as a mark of the status of marriage. This duty is so important that even though the time of marriage is not fixed, the law provides for its later determination.”
An analysis of when dowry is normally due has been made. When to determine dowry,There is no catch-all rule about that. Pre-marriage, fixing the amount of dowry at the wedding ceremony.
Even if dowry is levied before marriage or at the marriage ceremony, it can be increased after marriage with the consent of both parties. Moreover, it is analyzed who collects the marriage dowry - the marriage dowry is usually collected by the main persons of both parties. But whoever has fixed it shall be deemed to have been fixed by the legal husband. Moreover, in order to determine the amount of dowry, there are some things that both parties need to be aware and vigilant about. So that the wife is not deprived of her right to get a suitable dowry in case of marriage. And to determine the amount of dowry, the social status of the bride and groom, family status, personal, educational qualifications of the bride, beauty and educational qualifications and financial compatibility of the groom and job or business rank etc. should be considered. The dowry was determined between the two by taking into account all the following: If after the marriage the marriage is converted into separation for any reason, then if the wife wants to file a case against the husband for the recovery of the dowry and for the recovery of the dowry, in that case, the case should be filed in the court where the wife resides.
If the wife is pregnant :
If the wife is pregnant at the time of declaration of divorce, the rules are slightly different. If the wife is still pregnant after 90 days of sending the divorce notice, then the divorce will take effect on the day the child is born. Not before. But if the child is born before 90 days of sending the notice, then the divorce will be effective as usual, i.e. after 90 days.
It may be mentioned that unpaid dowry is a loan. The wife can ask the husband for the due dowry at any time during the marital life and the husband is obliged to pay the dowry to the wife. Divorce is not mandatory in the case of dowry payment.It is a request to the respected readers, in the case of marriage between husband and wife, the social people used to determine the correct dowmohar instead of showing dowmohar: it is better to pay the dowmohar due to the wife with due dignity. If the husband neglects or refuses to bear the cost of maintenance of his wife without any reasonable reason, then he can file a civil suit for the demand of his wife's maintenance. But if there is no express provision in the Kabinnama or any other process, then he cannot claim maintenance for the time which has elapsed.
Moreover, if the wife leaves the company of her husband for any specific reason or the husband is entitled to the wife from what date or time. If the wife can determine that she has been deprived of maintenance, then the husband is obliged to pay maintenance to the said wife.
Moreover, according to the Family Ordinance of 1961, the Union Parishad/ You can apply to the Chairman/Councillor or to the Mayor. Chairman/Councillor/Mayor's wife and son after forming an arbitral council with three persons including representatives, it can come to the conclusion that monthly. The wife's maintenance will be determined at the rate of Rs. and a certificate can also be issued clearly stating the matter. If the wife is not satisfied, she can file a suit in the family court with the advice of a learned lawyer to recover maintenance. In this case, the learned court will be able to conduct the proceedings of the case by determining the compensation after considering all the aspects.
Finally, we pray to the Lord Almighty, may He grant us the opportunity to live a happy and beautiful life by being modeled after the incomparable ideals of the beloved Prophet Muhammad May (may peace be upon him).
