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31: What is meant by Talaq-e-Ahsan?
A: This is an Arabic word means “the best”. It is a form of talaq which is recommended). Therefore, this form is also called as Talaq-e-Sunnah. A talaq to be of ahsan form, the proceedings of divorce are as follows:
1. The husband must pronounce the formula of talaq in a single pronouncement
2. The wife must be in a state of purity
1. The husband must abstain from the intercourse, during the period of iddat, which is three months from the date of declaration or if the woman is pregnant, after the delivery .
EXCEPTIONS: The following are the exceptions:
1. When the marriage has not been consummated, talaq may be pronounced even if the wife is in her menstruation
2. Where the parties have been away from each other for a long period.
3. Where the wife is old and beyond the age of menstruation, the condition of purity is unnecessary.
CONSEQUENCES: the following are the consequences:
1. A ahsan form is revocable during the period of iddat.
2. Resumption of conjugal rights i.e. intercourse, is a clear indication of revocation.
3. After expiration of iddat period, the divorce becomes irrevocable.
2. A Muslim wife, after the divorce, is entitled to maintenance during the period of iddat, and so her child or children.
32: What is GIFT TO BAILEE?
A: Where the subject of gift is already in the possession of the donee as bailee, the gift may be completed by declaration and acceptance, without formal delivery of possession.
33: What is MISSING HUSBAND?
A: The wife is entitled to obtain a decree for the Dissolution of her marriage if the whereabouts of the husband have not been known for a period of four years.
But a decree passed on this ground will not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the court that he is prepared to perform his conjugal duties, the court must set aside the decree.
A: Where a gift is made with a condition for a return it is called Hiba-ba-Shsart-ul-Iwaz. As in the case of Hiba so also in the case of Hiba-ba-Shart-ul-Iwaz delivery of possession is necessary to validate the gift.
35: What is Talaq-ul-Bidaat or Talaq-e-Badai?
A: This consists of (a) three pronouncements made during a single tuhr either in one sentence, e.g., “I divorce three thrice” or on separate sentence, e.g., , I divorce thee, I divorce thee”. (b) a single pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage i.e. “I divorce three irrevocably”
A talaq is the badai mode becomes irrevocable immediately it is pronounced, irrespective of iddat.
Although the power to give divorce belongs primarily to the husband, he may delegate the power to the wife or a third person, either absolutely or conditionally, and either for a particular period or permanently. The person to whom the power is thus delegated may then pronounce the divorce accordingly. A temporary delegation of the power is irrevocable, but a permanent delegation may be revoked.
36: What is Meant by ILLA?
A: This is a kind of Divorce. Divorce by Ila is a kind of constructive divorce. If a husband, having attained puberty, swears by God not to have sexual intercourse with his wife for a period of four months or more or for unspecified period, he is said to make ila.
If the husband having made ila, abstains from intercourse during the period comprised in the ila, the marriage is dissolved with the same legal results as if there had been one irrevocable pronouncement of talaq made by the husband.
37: Who are Ahl-ul Ray?
A: A Mujtahid is one who is authorized to expound the position is just like a juris-consult of the Roman Law. Thus not every person can exercise Ijtihad but only those qualified Mujtahids and a Mujtahid is one who exercises Ijtihad. One who is fit to do Ijtihad. It is the exclusive provilege of a Mujtahid. The Quran has two types of verses:
QUALIFICAITON OF A MUJTAHID:
According to Sadru’sh Shariat and Fakhru’l Islam, the following qualifications are laid down for a Mujtahid;
1. He must have a through knowledge of the Quran and must be able to interpret it. A knowledge of the Arabic language is also a prerequisite.
2. He must be a master of Traditions.
3. He must be fully acquainted with the theory of repeal; should be able to judge the repealed and the repealing texts and the circumstances leading to repeal.
4. he must be well-versed in the science of Islamic Jurisprudence. And as regards juristic opinions he should be able to arrive at conclusions as to which of the conflicting views is correct or is more in consonance with the spirit of the Quran and Traditions.
5. He must be a man of should judgment and piety, should be able to go behind, whenever necessary or possible, the texts and the objectives of Shariah.
Considering the variety of qualifications, it has subsequently been stated that the Mujtahids should be divided into various grades so that, if they have specialized in a particular branch of Islamic Law, they would be Mujtahids for that specific aspect.