Divorce in Islam
The term repudiation refers to the self- loss adjustments and the dismissal of the wife of the man's side. The repudiation was from the cultures of the Ancient Near East over the Roman Law in the Middle Ages into a practice of divorce.
Repudiation in Judaism
Judaism knows beyond the repudiation of the son (Deut 21.16 to 21 EU). At least since the rabbinic period ( 1st century ) is the repudiation no longer in use (Deut 21,1-4 EU).
Repudiation of Christianity
Christianity was in the Roman as in Germanic law before the practice of repudiation and sought action against it.
Nevertheless violated 771 Charlemagne Desiderata his wife at the instigation of the pope, and sent them back to their Lombard yard.
Repudiation in Islam
The Repudiation (Arabic طلاق talaaq, DMG talaq ) is an alone to pronounce the man in the Islamic legal divorce declaration to his wife with immediate effect; it is possible for all four Sunni and the Shia ( Imami ) law schools. She was mitigated in some Islamic countries in the 20th century by decree. Only in Tunisia and Turkey, it is de facto abolished.
The Repudiation is but according to the Koran, the tradition ( hadith) and the unanimous opinion of the scholars ( faqihs ) a single incumbent upon the husband decision, he needs no cause or justification and not even have to put his wife in knowledge according to the classical theory. After legal situation of many Islamic countries, the repudiation is final but only after one or two attempts reconciliation; the Koran recommends this in Sura 4, 35 in Jordan, Lebanon, Libya, Morocco and Syria must confirm the repudiation and the wife must be informed of the repudiation by a court.
Whether a pronounced in anger, jest, or under the influence of drugs or alcohol - repudiation is final, is controversial among law schools. Deaf husbands announce the repudiation by gestures or sign language.
The divorce from the wife is called Chul ʿ (ie Selbstloskauf of women from marriage).
Revocable and irrevocable repudiation
Islamic law distinguishes between revocable and irrevocable repudiation. Is revocable by one or two repetitions of the Verstoßungsformel irrevocably after the third.
A revocable divorce justified a wait state ( ʿ idda ) for the wife, since the husband can get them back again within three months. The revocable repudiation is therefore to be understood as a threat or legal action.
Legalizing marriage
After repudiation of his wife, the man can marry them again only when she has the meantime geehelicht another man ( see Sura 2:230 ). Go to this end, the former wife only a sham marriage with another man one, as this tahlil marriage ( " legalizing marriage" ) is called. The second husband, who acts as a kind of straw man in this case, and this service can usually pay is called muḥallil ( " Legalisierer "). The tahlil marriage is an important issue in the Hiyal literature.
Documents
- Marriage in Islam
- Marriage in Christianity
- Marriage in Judaism
- Private Law