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Effects of Divorce in Muslim Law


Effects of Divorce
Effects of Divorce

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Rights and Obligations Arising on the Completion of an Irrevocable Divorce Under Muslim Law


  • Right to Contract Another Marriage

Upon the completion of her Iddat, the wife may marry another man. If the previous marriage was not consummated, she is free to remarry immediately. 'Reconciliation' between the divorced couple can occur if the divorce is revocable and the Iddat period has not expired.



  • Iddat Period

Muslim law mandates an Iddat period, a waiting period for both husband and wife before they can remarry following a divorce. This abstinence is to ascertain whether the woman is pregnant, thereby avoiding confusion of paternity. Unlike Hindu law, Muslim law sets out specific bars to matrimonial relief, such as accessory, connivance, and condonation.



  • Mutual Rights of Inheritance

Once a divorce becomes irrevocable, mutual rights of inheritance cease. However, in cases where the divorce is pronounced during the husband's death-illness (Marz-ul-maut), the wife's right to inherit continues until the Iddat period concludes.



  • Unlawfulness of Cohabitation

Sexual intercourse between a divorced couple is unlawful once the divorce is irrevocable. Any offspring from such intercourse are considered illegitimate, and their paternity cannot be acknowledged.



  • Maintenance

During the Iddat period, the husband is obligated to maintain the wife. If the divorce is not communicated to the wife, she is entitled to maintenance beyond the Iddat period until she is informed of the divorce.



  • Dower (Mahr)

If the marriage was consummated, the wife is entitled to the entire unpaid dower, whether prompt or deferred. If the marriage was not consummated, she is entitled to half of the specified dower.



These rights and obligations apply uniformly regardless of the mode of divorce, provided the divorce is irrevocable.

 
 



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