dissolution of marriage - talaq - cerai

1. 1. Refer to closed family members
and friend
Mother can give advice based on her
experience
But, know the limitation.
Trustworthy friends can be good
listener.
Give positive inspiration and
motivation.

2. 2. Refer to proffesional
counselor
Expert in handling marriage-related
issues.

3. 1.Patience
 Doctor
 Allah The Almighty Says (what means):
{And live with them in kindness. For if you dislike them -- perhaps you
dislike a thing and Allaah Makes therein much good.} [Quran 4:19]
2. Do not neglect your family when you focus on your job
 Responsibility

4. 3. Advice and Discuss properly
 Importance of communication
 Eliminate our mistakes.
{But those [wives] from whom you fear arrogance -- [first]
advise them; [then if they persist], forsake them in bed; and
[finally], strike them. But if they obey you [once more], seek no
means against them.}
[Quran 4:34]
 Allaah The Almighty Says (what means):
• Divorce

5. Dissolution of marriage
Dissolution in marriage is also known
as divorce.
According to Islamic Law, divorce is
said to be similar to a ‘painful surgery’.
It is permissible in Islam in order to
remove harm form one of the two
spouses.
Yet, it is really not encouraged by
Islam.

6. TYPES OF
DISSOLUTION
OF
MARRIAGE
1)Talaq’
2)Arbitration
by Hakam
3)Ta’liq
4)Fasakh
5)Khulu’
6)Li’an
7)Presumption
of death
8)Apostasy

7. Types of dissolution of
marriage
Talaq’
◦ Literally means ‘to set free’.
◦ Defined as a dissolution of a valid marriage by
the husband, his agent or wife duly authorized
by him to do so.
◦ By using the word talaq’, a derivative or
synonym thereof.
◦ Types of talaq’:
Talaq’ Al-Raji (revocable divorce)
Talaq’ Al-Ba’in (irrevocable divorce)

8. Fasakh
◦ Literally means ‘to annul a deed’ or annulment
of marriage
◦ Defined as the dissolution or rescission of
marriage contract by judicial decree on any
circumstances permitted by Islamic Law
◦ The wife should be able to proved that her
husband has behaved unreasonably on her
and did not fulfill his responsibility as a
husband.
◦ If the qadhi satisfied with her proof, he will
annul the marriage.

9. Arbitration by Hakam
◦ Arbitrator is appointed by court when there is
continuous dispute (shiqaq) between husband
and wife.
◦ Hakam can order a divorce if it is empowered
by their respective principal
Ta’liq
◦ Literally means to hang or suspense.
◦ If the wife breached the condition said by her
husband, she is entitled to a divorce.

10. Khulu’
◦ Literally means ‘to pull out’ or ‘to remove’.
◦ The wife also can demand for divorce by
paying a specific amount of money agreed by
both side as redemption to a talaq’.
Li’an
◦ A divorce by accusation of the husband to the
wife on adultery
Presumption of death
◦ The wife think that her husband is dead as she
has not known his whereabouts for more than
4 years.• Change of religion
– Divorce results from either one of the spouses
commits apostasy

11. RIGHTS
AFTER
DISSOLUTION
OF MARRIAGE
1)‘Iddah
maintenance
2)Mut’ah
3)Jointly
acquired
properties
4)Hadhanah
(custody of
children)
5)Maintenance
of children
6)Right of
accommodation
7)Arrears of
maintenance

12. ………CONCLUSION.……..