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And for those who
Fear Allah, He will
make things easy for them. 5514
[Sura : 65 verses 1, 2 and 4]
13. Chapter-XVI in Mullas Principles of Mahomedan
Law deals with the subject "divorce" and section 307
gives three forms of divorce viz. (1) by the husband
at his will, without the intervention of a Court; (2)
by mutual consent of the husband and wife, without the
intervention of a Court; (3) by a judicial decree at
the suit of the husband or wife. When the divorce
proceeds from the husband, it is called Talak, when it
is effected by mutual consent, it is called Khula or
Mubaraat, whereas the third form of divorce by way of
decree at the suit of the husband or wife is called as
Faskh. The first form of divorce is called as "Talaq",
the second one as "Khula". Talak literally means to
remove a restriction or to put an end to the marriage
with immediate or deferred effect by using any of the
special words meant for it, whether those words are
used by the husband himself or by his representative,
or by the Qazi who in certain situations is regarded by
the Shariat as the husbands deputy and is empowered
to pronounce a divorce on his behalf without his
consent. A Talak may be effected (1) orally (by spoken
words) or (2) by a written document called a Talaknama.