The Judicial Divorce, Grounds and Impacts A Study from Islamic and Contemporary Legal Perspective

Abstract

According to Islam, the term Nikᾱḥ refers to definite words and conditions which make both male and female legitimate for each other. It is a deed of trust and a lifetime bond. The Holy Prophet (Peace Be Upon Him) has termed Nikᾱḥ as “sacred Sunnah (clear path, normative)”. Nikᾱḥ helps in achieving rationale of human life. It is a permissible and natural process of reproduction. Nevertheless, Nikᾱḥ is more than a social contract which ensures the mutual rights and brings the two unknown families closed to each other. It is also a form of worship, a unit of a righteous society and an integral part of social system. But sometimes the family life situations extend to a level which demands the practice of divorce. This research paper is inductive and analytical in nature which deals with the judicial divorce. Firstly, the difference between a simple divorce and judicial divorce or the dissolution of marriage has been stated qualitatively. Secondly, the various grounds of judicial divorce have been investigated and discussed. Furthermore, the evidences from both the Islamic and existing laws are incorporated comparatively. The verses from the Holy Qurᾱn have been cited with Qurᾱnic Text.