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Divorce - Essay Example

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Name: Course: Tutor: Date: A Comparative Analysis of Divorce in Islamic Law and English Law Islamic Law and English Law on marriage and divorce are essentially determined by two different sets of beliefs, views and philosophies about the existence of man on the earth as well as in human society…
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Download file to see previous pages It is only the interpretation of Islamic law on marriage and divorce from a religious perspective. But a neutral and unbiased sociological interpretation of the Islamic laws related to marriage and divorce will necessarily reveal that Islamic laws are devoted to highlight a balanced support to both the individuals and the society. On the other hand, English law depends on a secular view of man and his existence in human society. This secular view assumes that man is essentially a self-sufficient structural functional entity who can decide his own life choice. Therefore, English law regarding marriage and divorce necessarily solely emphasizes on the individuals’ freedom and choice. It considers that individuals are the sole decision-maker in important matters like marriage and divorce. Indeed, this philosophical disparity determines all basic difference as well as similarities between the two laws. An in-depth analysis of divorce in Islamic Law necessarily demands a substantive description of how this legal systems view marriage. In Islam, a marriage is endowed with two facets: divine facet and social facet. The religious aspect of marriage necessarily assumes that it is a divine duty of every Muslim to marry and lead a peaceful and sacred conjugal life. According to Muhammad, it is a part of a Muslim’s faith in the divine. Simultaneously, it is his or her social duty also. In this regard, Mian Muhibullah Kakakhel (2008) likes to view the Islamic concept of marriage and divorce as following: It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause. (paras. 1) In order to a life of sanctity and prevent the social anarchy caused by promiscuous sexuality, a man must marry a woman, if his situation is physically and economically affordable to lead a conjugal life. Therefore, the primary requisites of marriage in Islam are that a Muslim must be able to fulfill the demands of sexuality as well as the economic needs of his family. If any person can fulfill these demands, he can enter marriage which is essentially considered as a social contract in Islam. The requisite for women to enter the marital contract is much easier than men. Since the economic expense of conjugal life sole pivots on men, women are free of the economic obligations. Hence, these prerequisites of Islamic marriage, in fact, determine those of divorce in Islam. Divorce in Islam is considered as the most heinous legality which empowers a man to divorce his wife without showing any reasonable cause. It is because Islam demands the unquestionable loyalty of women to their husbands. In this regard, a man will not be accountable to the Sharia council or the Islamic Legal system which consists of the elders and the religious authority of the society, unless his wife brings a charge of sexual perversion against him. On the other hand, a Muslim woman seeks divorce, she must appeal to the Sharia Council with the charges that her husband is sexually impotent or missing for years (Kakakhel, 2008, paras.2-7). The rule of divorce for men is different from that of women. If a man seeks divorce, the term, ‘ ...Download file to see next pages Read More
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