2014
DOI: 10.4314/ldd.v18i1.3
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Divorce and the law of <i>Khul</i>: A type of no fault divorce found within an Islamic legal framework

Abstract: words & expressions (2011) at 94. Ijtihad or informed reasoning, is reasoning carried out by a Muslim based on his knowledge of the Qur'an and teachings of the Prophet (PBUH), in a manner not specified by either. 3 Kamali MH "Ijtihād, or personal reasoning" Principles of Islamic Jurisprudence (1991) at 366. See, in particular, Codd A "A critical analysis of the role of Ijtihad in legal reforms in the Muslim world" (1999) 14 (2) Arab Law Quarterly 112 at 115.

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“…Here, we specifically point to several indicators of Islamic rulings and norms that show how resistance manifested in Islamic marital norms. In Islam, marriage is viewed as a contract between the sexes rather than a sacrament [34]. The marital contract "solemnizes the physical connection between a man and woman, and serves as the foundation for their marriage" [24].…”
Section: The Islamic Perspective On Domestic Abuse and Resistancementioning
confidence: 99%
See 2 more Smart Citations
“…Here, we specifically point to several indicators of Islamic rulings and norms that show how resistance manifested in Islamic marital norms. In Islam, marriage is viewed as a contract between the sexes rather than a sacrament [34]. The marital contract "solemnizes the physical connection between a man and woman, and serves as the foundation for their marriage" [24].…”
Section: The Islamic Perspective On Domestic Abuse and Resistancementioning
confidence: 99%
“…If clauses are violated, she has the right to end the marriage contract through divorce. Thus, the Islamic marital contract can help protect women's rights [24,34,53]. Married women also have the right to divorce through Khul', where provision for divorce is at the instance of the wife, requiring her to return her mahr (bridewealth or marital gift) [24,34,53].…”
Section: The Islamic Perspective On Domestic Abuse and Resistancementioning
confidence: 99%
See 1 more Smart Citation