Talāq
Talāq or repudiation ( Arabic طلاق, DMG ṭalāq 'repudiation') in Islam denotes the dismissal of the wife by the husband. According to Islamic law , it is a declaration of divorce to be pronounced by the man alone against his wife with immediate effect; it is possible after all four Sunni and the Shiite ( imamite ) schools of law. It was softened by ordinances in some Islamic countries in the 20th century. It has only been de facto abolished in Tunisia and Turkey . Divorce on the part of the woman is called Chulʿ (i.e. selfless purchase of the woman from marriage).
Basics
According to the Qur'an , tradition ( hadith ) and the unanimous opinion of legal scholars, repudiation is a decision that belongs to the husband alone. It does not require any justification or justification from the husband to his wife. According to the legal situation of many Islamic countries, the repudiation only becomes final after one or two attempts at reconciliation; the Koran recommends this in sura 4:35. In Jordan , Lebanon , Libya , Morocco and Syria , a court must confirm the rejection and the wife must be informed of the rejection.
Whether a violation pronounced in anger, joking or under the influence of alcohol or drugs is final is a matter of dispute among law schools. Deaf husbands can also use gestures or sign language to communicate the disapproval .
Revocable and irrevocable Talāq
Islamic law differentiates between revocable and irrevocable repudiation. It is revocable after repeating the rejection formula once or twice, and irrevocable after the third.
A revocable divorce creates a waiting state ( ʿidda ) for the woman, as the husband can bring her back within three months. The revocable repudiation is therefore to be understood as a threat or educational measure.
Legalization marriage
After his wife has been rejected, the man can only marry her again if she has in the meantime married another man. The basis for this norm is the statement in sura 2: 230: "If he violates it, it is then no longer allowed for him until it takes someone other than him as a husband." If the former wife only enters into a sham marriage with another man for this purpose, this is referred to as taḥlīl marriage ("legalization marriage "). The second husband, who in this case acts as a straw man to a certain extent and who usually has this service paid for, is called muḥallil (“legalizer”). The tahlil -marriage is an important issue in the Hiyal -literature.
Comparable legal institutions in Judaism and Christianity
Repudiation was a practice of divorce from the cultures of the ancient Near East to Roman law and into the Middle Ages . In Judaism, however, it has no longer been used since the rabbinical period (1st century) ( Dtn 21.1-4 EU ).
Christianity found the practice of repudiation in Roman and Germanic law and tried to counter it. Nevertheless, at the instigation of the Pope, Charlemagne disowned his wife Desiderata in 771 and sent her back to her Longobard court.
India
In India, immediate unilateral divorce by man ("triple talaq") was criminalized in 2019 after the practice was previously declared illegal by the Supreme Court . A law passed in 2019 now places such a divorce with a prison sentence of up to three years.
literature
- Joseph Schacht : "Ṭalāḳ. I. In Classical Islamic Law" in The Encyclopaedia of Islam. New Edition Vol. X, pp. 151a-155a.
- Klaus Voter: "Islamic talaq divorce before German courts" in Islamic and Arabic law as a problem of the application of law: Symposium in honor of Professor Emeritus Dr. Iur. Grandmaia Elwan. - Lang, Frankfurt am Main [u. a.] 2001. pp. 113-126.
supporting documents
- ↑ CE Bosworth: Article muḥallil in The Encyclopaedia of Islam. New Edition . Volume XII, p. 632.
- ^ India criminalises Muslim practice of instant divorce . Al Jazeera English, 30 July 2019
