Wednesday, July 17, 2024

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MODEL ANSWERMUSLIM LAW

DIVORCE IN SHIA & SUNNI LAW

Discuss the difference between Sunni and Shia law of Divorce.

FORM OF DIVORCE
Sunni law:- It does not provide any particular form of divorce and this law does not prescribe any formality for talaq. It may be given orally or even in a writing.
Shia law:- According to this law, divorce must be pronounced orally. It does not recognise Talaq in writing unless the husband is a physically incapable of pronouncing it. If husband is capable to give talaq orally but he gives it in writing then according to Shia law that talaq is a void and ineffective.

NEED OF WITNESSES
Sunni law:- In this law, no witness is required to be present at the time of pronouncing talaq.
Shia law:- In Shia law, divorce must be pronounced in the presence of two competent male witnesses. But if two male witnesses are not present then one male witness and two female witnesses must be present.

DIVORCE UNDER COMPULSION
Sunni law:- According to Sunil law, if divorce is pronounced under compulsion or in the state of a voluntary intoxication that divorce is considered valid and effective.
Shia law:- According to Shia law, if divorce is pronounced under intoxication or compulsion that divorce is considered invalid because in this law, intention to give divorce is a necessary ingredient.

KINDS OF TALAQ
Sunni law:- This law recognises Talaq-ul-sunnat and talak-ul-biddat.
Shia law:- This law recognises only Talaq-ul-sunnat.

MARRIAGE AFTER DIVORCE
Sunni law:- According to Sunni law, if parties marry immediately after the pronouncement of Talaq then their marriage is considered irregular. But if they do not remarry and start living together then their cohabitation is considered void.

Shia law:- In Shia law, if parties marry immediately after the pronouncement of Talaq then such marriage is considered void. But if they do not remarry and start living together then their cohabitation is considered void.

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