SABR, JUSTICE, AND DIVORCE: RETHINKING TALAQ AND MARITAL TOLERANCE IN MUSLIM LAW IN INDIA
Atiya Waris, Research Scholar, Faculty of Law, Jamia Millia Islamia, New Delhi (India)
Prof. (Dr.) Nuzhat Parveen Khan, Professor and former Dean, Faculty of Law, Jamia Millia Islamia, New Delhi (India)
The Islamic law of marriage is a civil contract that is based on mutual-consent, mutual-rights, and moral restraint. Although divorce (talaq) is legally allowed in this context, it is not generally encouraged and is controlled by the Quranic injunctions of emphasizing patience (ṣabr), reconciliation, and justice. However, nowadays in modern India, Muslim divorce laws and practices have been under severe constitutional and societal examination especially after the nullification and denaturation of instant talaq. Such developments have brought back the issue of marital tolerance, gender justice, and the validity of endurance among Muslim marriages. The critical issue in this paper is to determine whether the growing exposure of Muslim couples to divorce implies the lack of tolerance or it is actually the redefinition of the standards of marriage due to the Islamic morals, socio-legal revolution, and constitutional control. The study is based on a doctrinal/socio-legal approach using the principles of Quran, classical Islamic law, Indian personal law, constitutional adjudication and empirical indicators to the Muslim marital practices in India. The paper contends that the concept of tolerance in Islamic marriage was never unconditional.
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2599–2625. |
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