Islamic Family Law Divorce

Abstract

Based on the question given, there are several issues can be raised by Badariah in this situation. First issue is whether Badariah can ask his husband Daniel for dissolution of marriage via kholo or fasakh.

A kholo divorce is affected by means of appropriate words, spoken or written by the two parties or their respective agents, by whom the wife offers and husband accepts compensation out of her property for the release of his maritial rights. The divorce is completed by the pronouncement of talaq by husband.

Section 49 of Islamic Family Law Act stated that the husband refuse to divorce his wife but the parties agreed to do so using tebus talaq and the court will determine the amount of the payment of tebus talaq as agreed by both parties is known as bain sughra and the court will record and gave certified copy of the record.

Keywords: family law, divorce