FAMILY LAW PROJECT

DIVORCE

SUBMITTED BY: SUBMITTED TO:

Mayank Yadav DR. KAHKASHAN Y. DANYAL

B.A. LL.B. (Hons) 4TH SEM

ROLL NO. : 26

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 ACKNLOWEDGMENT

I would take this opportunity to thank the people who helped me in

making this project which has been a learning experience. In that endeavour, first and
foremost I would express my gratitude toward my professor of Family Law - I Dr.
Kahkasha Y. Danyal. Her immense knowledge and teaching skills along with her helping
disposition are where all of this stemmed from. Next, I would thank my seniors in the faculty
who gave us guidelines as to how to go about the research. Heartfelt thanks to all the above-
mentioned people.

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INTRODUCTION
Firm union of the husband and wife is a necessary condition for a happy family life. Islam
therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage
contract should be avoided. Initially no marriage is contracted to be dissolved but in
unfortunate circumstances the matrimonial contract is broken. One of the ways of such
dissolution is by way of divorce . Under Muslim law the divorce may take place by the act of
the parties themselves or by a decree of the court of law. However in whatever manner the
divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as
an exception to the status of marriage.

The Prophet declared that among the things which have been permitted by law, divorce is the
worst . Divorce being an evil, it must be avoided as far as possible.But in some occasions this
evil becomes a necessity, because when it is impossible for the parties to the marriage to
carry on their union with mutual affection and love then it is better to allow them to get
separated than compel them to live together in an atmosphere of hatred and disaffection. The
basis of divorce in Islamic law is the inability of the spouses to live together rather than any
specific cause (or guilt of a party) on account of which the parties cannot live together. A
divorce may be either by the act of the husband or by the act of the wife.

PRE-ISLAMIC BACKGROUND
Among the pre-islamic Arabs, the power of divorce possessed by the husband was unlimited.
They could divorce their wives at any time, for any reason or without any reason. They could
also revoke their divorce, and divorce again as many times as they preferred. They could,
moreover, if they were so inclined, swear that they would have no intercourse with their
wives, though still living with them. They could arbitrarily accuse their wives of adultery,
dismiss them, and leave them with such notoriety as would deter other suitors; while they

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themselves would go exempt from any formal responsibility of maintenance or legal
punishment.

According to Abdur Rahim, at least four various types of dissolution of marriage were
known in pre-islamic Arabia. These were Talaq, Ila, Zihar and Khula. A woman if
absolutely separated through any of these four modes was probably free to remarry, but she
could not do so until Sometime, called the period of iddat, had passed. It was to ascertain the
legitimacy of the child. But it was not a strict rule. Sometimes, pregnant wife was divorced
and was married to another person under an agreement. It is interesting to note that the
period of iddat in case of death of husband then was one year.

AFTER THE ADVENT OF ISLAM

The Prophet of islam looked on these customs of divorce with extreme disapproval
and regarded their practice as calculated to undermine the foundation of society. It was
impossible, however The institution of arbitrary talaq at the sweet –will of the husband exists
since the pre-Islamic days. In those days, there were no restraints whatsoever. The husband
was at liberty to pronounce talaq any number of times and to revoke it by taking the women
back and resuming marital connection. This power of divorce was recognized by the Prophet
but he imposed certain restrictions, moral and legal which constitute some checks on the
husband’s powers. Morally, talaq was declared to be the most detestable before God of all
permitted things, according to a hadis.1 The legal restraints imposed are the following: the
fixing of dower; provision for revocation of talaq in some cases; and restraints on re-
marriage between the parties.

The Prophet Mohammad looked upon these customs of divorce with extreme
disapproval and regarded their practice as calculated to undermine the foundation of society.

1
- Muslim Law of Marriage, p. 46; Asha Bibi Ibrahim ILR 33 Mad 22 at p.25; cf: B.R. Verma-Islamic Law, 6th edn.
1986, p.203, Law Publishers (India) Private Limited.

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However, under the existing conditions of society, it was impossible to abolish the custom
entirely. The Prophet had to mould the mind of an uncultured and semi-barbarous
community to a higher development. Accordingly, he allowed the exercise of the power of
divorce to husbands under certain conditions. He permitted to divorced parties, three distinct
and separate periods within which, they might endeavour to become reconciled; but should
all attempts at reconciliation prove unsuccessful, then in the third period, the final separation
became effective.2

MODES OF DIVORCE
A husband may divorce his wife by repudiating the marriage without giving any reason.
Pronouncement of such words which signify his intention to disown the wife is sufficient.
Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from
talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord.
She can divorce the husband only when the husband has delegated such a right to her or
under an agreement. Under an agreement the wife may divorce her husband either by Khula
or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of
false charges of adultery, insanity or impotency of the husband. But the Dissolution of
Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim
wife may get her divorce decree passed by the order of the court.

There are two categories of divorce under the Muslim law:

1.) Extra judicial divorce

2.) Judicial divorce

2
Ameer Ali- The Spirit of Islam, 243-44 (London, 1965) cf: Syed Khalid Rashid- Muslim law, 4th edn. 2004, p.98,
Eastern Book Co., Lucknow.

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Extra judicial divorce
It can be further subdivided into three types, namely,

 By husband
1) Talak
Talaaq in its primitive sense means dismission. In its literal meaning, it means
"setting free", "letting loose", or taking off any "ties or restraint". In Muslim Law it
means freedom from the bondage of marriage and not from any other bondage. In
legal sense it means dissolution of marriage by husband using appropriate words. In
other words talaaq is repudiation of marriage by the husband in accordance with the
procedure laid down by the law.
The following verse is in support of the husband's authority to pronounce unilateral
divorce is often cited:

Men are maintainers of women, because Allah has made some of them to excel others
and because they spend out of their property (on their maintenance and dower) .
When the husband exercises his right to pronounce divorce, technically this is known
as talaaq. The most remarkable feature of Muslim law of talaaq is that all the schools
of the Sunnis and the Shias recognize it differing only in some details. In Muslim
world, so widespread has been the talaaq that even the Imams practiced it . The
absolute power of a Muslim husband of divorcing his wife unilaterally, without
assigning any reason, literally at his whim, even in a jest or in a state of intoxication,
and without recourse to the court, and even in the absence of the wife, is recognized
in modern India. All that is necessary is that the husband should pronounce talaaq;
how he does it, when he does it, or in what he does it is not very essential.

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 In Hannefa v. Pathummal3, Khalid, J., termed this as "monstrosity" . Among the
Sunnis, talaaq may be express, implied, contingent constructive or even delegated.
The Shias recognize only the express and the delegated forms of talaaq.

A. Talak-us-sunnat
Talaaq-i-sunnat is considered to be in accordance with the dictats of Prophet
Mohammad. It has two forms:
i. Ahsan (Most approved)
The ahasan talaaq: consists of a single pronouncement of divorce made in
the period of tuhr (purity, between two menstruations), or at any time, if
the wife is free from menstruation, followed by abstinence from sexual
intercourse during the period if iddat. The requirement that the
pronouncement be made during a period of tuhr applies only to oral
divorce and does not apply to talaaq in writing. Similarly, this requirement
is not applicable when the wife has passed the age of menstruation or the
parties have been away from each other for a long time, or when the
marriage has not been consummated. The advantage of this form is that
divorce can revoked at any time before the completion of the period of
iddat, thus hasty, thoughtless divorce can be prevented. The revocation
may effected expressly or impliedly.Thus, if before the completion of
iddat, the husband resumes cohabitation with his wife or says I have
retained thee" the divorce is revoked. Resumption of sexual intercourse
before the completion of period of iddat also results in the revocation of
divorce.

3 Crl. R. P. No. 105 of 1972

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 ii. Hasan (Less approved)
In this the husband is required to pronounce the formula of talaaq three
time during three successive tuhrs. If the wife has crossed the age of
menstruation, the pronouncement of it may be made after the interval of a
month or thirty days between the successive pronouncements. When the
last pronouncement is made, the talaaq, becomes final and irrevocable. It is
necessary that each of the three pronouncements should be made at a time
when no intercourse has taken place during the period of tuhr. Example:
W, a wife, is having her period of purity and no sexual intercourse has
taken place. At this time, her husband, H, pronounces talaaq, on her. This
is the first pronouncement by express words. Then again, when she enters
the next period of purity, and before he indulges in sexual intercourse, he
makes the second pronouncement. He again revokes it. Again when the
wife enters her third period of purity and before any intercourse takes place
H pronounces the third pronouncement. The moment H makes this third
pronouncement, the marriage stands dissolved irrevocably, irrespective of
iddat.

B. Talak-ul-biddat
Here the husband does not follow the approved form of talak, i.e. , talak-us-
sunnat, and neither pays any attention to the period of purity nor to the abstention
from intercourse. This was an escape lane from the restrictions imposed by the
Prophet, as we saw just above. As Ameer Ali observed, the Omayyad monarchs
finding that the checks imposed by the Prophet on the facility of repudiation
interfered with the indulgence of their caprice, endeavoured to find an escape
from the strictness of law and found a loophole to effect their purpose.4
It came into vogue during the second century of Islam. It has two forms: the triple
declaration of talaaq made in a period of purity, either in one sentence or in three,

4
Ameer Ali, Vol. II at p. 274

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 5
the other form constitutes a single irrevocable pronouncement of divorce made
in a period of tuhr or even otherwise. This type of talaaq is not recognized by the
Shias. This form of divorce is condemned. It is considered heretical, because of its
irrevocability.6

2) Ila (vow of continence)

Besides talaaq, a Muslim husband can repudiate his marriage by two other modes,
that are, Ila and Zihar. They are called constructive divorce. In Ila, the husband takes
an oath not to have sexual intercourse with his wife. Followed by this oath, there is no
consummation for a period of four months. After the expiry of the fourth month, the
marriage dissolves irrevocably. But if the husband resumes cohabitation within four
months, Ila is cancelled and the marriage does not dissolve. Under Ithna Asharia
(Shia) School, Ila, does not operate as divorce without order of the court of law. After
the expiry of the fourth month, the wife is simply entitled for a judicial divorce. If
there is no cohabitation, even after expiry of four months, the wife may file a suit for
restitution of conjugal rights against the husband.7
In Rahema Khatoon v. Iqtidar-Uddin8 the husband, on entering the room of the wife
on very first day of the marriage called her ‘a wife in name only’. The court refused to
accept it as an Ila in absence of a clear intention. According to Asharis this form of
divorce can be given only when the marriage has been consummated. The Hanafi
Law provides that Ila can be retracted by resumption of cohabitation or even by
verbal retraction if actual cohabitation is not possible due to some reasons. Even after
the expiry of 4 months the husband can cancel Ila with the accent of the wife. Ila is
not in practice in India.

3) Zihar(injurious comparison)

5
Hedaya, at p. 73
6
Mulla, at p. 330
7
Jung, at p. 66.
8
AIR 1943 All 184.

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 In this mode the husband compares his wife with a woman within his prohibited
relationship e.g., mother or sister etc. The husband would say that from today the wife
is like his mother or sister. After such a comparison the husband does not cohabit with
his wife for a period of four months. Upon the expiry of the said period Zihar is
complete.

After the expiry of fourth month the wife has following rights:
(i) She may go to the court to get a decree of judicial divorce
(ii) She may ask the court to grant the decree of restitution of conjugal rights.
Where the husband wants to revoke Zihar by resuming cohabitation within the said
period, the wife cannot seek judicial divorce. It can be revoked if:
(i) The husband observes fast for a period of two months, or,
(ii) He provides food at least sixty people, or,
(iii) He frees a slave.

According to Shia law Zihar must be performed in the presence of two witnesses.

 By wife - Talak-e-Tafwid (delegated divorce)

According to Baillie, “As a man may in person repudiate his wife, so he may commit the
power of repudiating her to herself or to a third party.”9
Talak-e-Tafwid or delegated divorce is recognized among both, the Shias and the Sunnis.
The Muslim husband is free to delegate his power of pronouncing divorce to his wife or
any other person. He may delegate the power absolutely or conditionally, temporarily or
permanently . A permanent delegation of power is revocable but a temporary delegation
of power is not. This delegation must be made distinctly in favour of the person to whom
the power is delegated, and the purpose of delegation must be clearly stated. The power
of talaaq may be delegated to his wife and as Fyzee observes, "this form of delegated
divorce is perhaps the most potent weapon in the hands of a Muslim wife to obtain

9
Baillie, at p. 236

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 freedom without the intervention of any court and is now beginning to be fairly common
in India". 10

This form of delegated divorce is usually stipulated in prenuptial agreements. In Md.

Khan v. Shahmai11, under a prenuptial agreement, a husband, who was a Khana Damad,
undertook to pay certain amount of marriage expenses incurred by the father-in-law in
the event of his leaving the house and conferred a power to pronounce divorce on his
wife. The husband left his father-in-law's house without paying the amount. The wife
exercised the right and divorced herself. It was held that it was a valid divorce in the
exercise of the power delegated to her. Delegation of power may be made even in the
post marriage agreements. Thus where under an agreement it is stipulated that in the
event of the husband failing to pay her maintenance or taking a second wife, the will have
a right of pronouncing divorce on herself, such an agreement is valid, and such conditions
are reasonable and not against public policy . It should be noted that even in the event of
contingency, whether or not the power is to be exercised, depend upon the wife she may
choose to exercise it or she may not. The happening of the event of contingency does not
result in automatic divorce.

 By mutual agreement

1) Khula (redemption)

Khula is a procedure through which a woman can divorce her husband in Islam, by
returning from the dower (mahr) or something else that she received from her husband,
as agreed by the spouses or Qadi’s (court) decree.Based on traditional fiqh, and
referenced in the Quran and hadith, khul' allows a woman to initiate a divorce through
the mutual consent of the husband or a judicial decree.

10
Fyzee, at p. 159
11
A. I. R. 1970 J&K 154

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 The leading case on Khula Divorce is Moonshee Buzul-Raheem v. Luteefut-oon-Nissa 12
, in which it was observed that a divorce by khula is at once complete from the moment
when the husband repudiate the wife. There is no period during which such a divorce
can be repudiated.
Mulla considers khula as a divorce by mutual consent; but Paras Diwan differs, saying
that since in khula the desire to separate emanates from the wife, and she has to make
her husband agree to it by offering consideration, it would be proper to call it divorce at
the instance of the wife . 13

2) Mubarat (mutual freeing)

Under this method of divorcing under the Islamic law, both wife and husband are not
ready to live together anymore and want to get separated as soon as possible dissolving the
marriage.

 The husband or the wife, either of them can make the offer.
 The other spouse must need to accept the divorce proposal.
 Once it is accepted by the other partner, it becomes irremediable.
 Iddat period is mandatory before the divorce is approved.

If we talk about Sunnis, when the husband and the wife opt for mubarat then all of their
mutual rights and obligations becomes meaningless and comes to an end. In case of Shias,
they insist on a proper documental form. The Shias believe that the word mubarat must be
followed by the word Talaq, otherwise the divorce is meaningless.In both, Shias and Sunnis,
mubarat (mutual consent divorce) is irreparable. Other requirements are as same as what are
in khula and the wife must have to follow the period of iddat and in both these ways, a
divorce is basically an act of both the partners and thus, no intervention by the court is
entertained.

12
(1861) 8 MIA 379
13
Paras Diwan , op. cit, at p. 85

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 In the case of Mst. Sayeeda Khanam v. Muhammad Sami14, it was decided that
“incompatibility of temperaments, aversion or dislike cannot form a ground for a wife to
seek dissolution of her marriage at the hands of a Qazi or court, but is to be dealt with under
the powers possessed by the husband and the wife under Muslim law, as parties to the
marriage contract”. This case defined khula as dissolution of a marriage by agreement
between the parties for a consideration paid or to be paid by the wife to the husband. It was
necessarily a case of mubarat.

BY JUDICIAL PROCESS

Lian
If the husband levels false charges of unchastity or adultery against his wife then this
amounts to character assassination and the wife has got the right to ask for divorce on these
grounds. Such a mode of divorce is called Lian. However, it is only a voluntary and
aggressive charge of adultery made by the husband which, if false, would entitle the wife to
get the wife to get the decree of divorce on the ground of Lian. Where a wife hurts the
feelings of her husband with her behaviour and the husband hits back an allegation of
infidelity against her, then what the husband says in response to the bad behaviour of the
wife, cannot be used by the wife as a false charge of adultery and no divorce is to be granted
under Lian. This was held in the case of Nurjahan v. Kazim Ali by the Calcutta High Court.

Faskh
Apart from the divorce which may emanate from the husband or the wife without the
intervention of eh court or any other authority, the Muslim law givers also provided for the
dissolution of marriage by a decree of the court. It is called
14
PLD 1952 (WP) Lah 113 (FB)

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“Furkat” which literally means separation. Faskh means annulment. It refers to the power of
Kazi (in India, law court) to annul a marriage on the application of the wife. In India, such
judicial annulments are governed by Section 2 of the Dissolution of Muslim Marriages Act,
1939. Abdul Rahim puts it as:

“If a decree of separation be for a cause imputable to the husband, it has generally
speaking, the effect of a talak, if the decree for separation be for a cause imputable to the
wife, then it will have the effect of annulment of marriage.”15
The Quranic verse on judicial divorce runs thus:

“If you fear a breach between them twain, appoint (two) arbiters, one from his family and the
other from hers; if they wish for peace, Allah will cause their reconciliation: for Allah has
full knowledge, and is acquainted with all things”.16 Ameer Ali says that ‘when the husband
is guilty of conduct which makes the matrimonial life intolerable to the wife, when he
neglects to perform the duties which the law imposes on him as obligations resulting from
marriage or when he fails to fulfil the engagements voluntarily entered into at the time of the
matrimonial contract, she has the right of preferring a complaint before the Kazi or judge and
demanding a divorce from the court’.17 The power of Kazi or judge to pronounce a divorce is
founded on the express words of Prophet Mohammad:

“If a woman be prejudiced by a marriage, let it be broken off’.18

15
Abdul Rahim, 339; cf: DR. Nishi Purohit- The Principles of Mohammedan law, 2nd edn.1998, p.211, Orient
Publishing Company, Allahabad.
16
Quran, Sura IV; Ayat 35; The Holy Quran, translated by Abdullah Yusuf Ali, edn. 2004,
17
Ammer Ali, II, 519; cf: Dr. Paras Diwan- Muslim Law in Modern India, 9th edn. 2005, p.95, Allahabad Law
Agency, Faridabad (Haryana).
18
Ali: Mohammedan Law, Vol. II, edn. III, p. 519 (citing Bukhari) cf: Asaf A.A.Fyzee- Outlines of Muhammadan
Law, Ninth impression, 2005, p. 168, Oxford University Press, New Delhi.

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 The Dissolution of Muslim Marriages Act, 1939 contains several fault grounds. The
pre-Act fault grounds too have been saved. Section 2 contains 8 fault grounds. Clause (ix) of
section 2 saves the existing grounds on which, wife may sue for divorce. The wife may
obtain a decree of divorce on any one of the grounds specified in the Act by filing a suit in
the lowest civil court. The benefits of this Section may be given to a wife whether her
marriage was solemnized before or after the commencement of the Act. The provisions of
Section 2 may be given retrospective effect.19

Grounds of divorce:20

A woman married under Muslim law shall be entitled to obtain a decree for the
dissolution of her marriage on any one or more of the following grounds, namely-

i) that the whereabouts of the husband have not been known for a period of four years;

ii) that the husband has neglected or has failed to provide for her maintenance for a period of
two years;

iii) that the husband has been sentenced to imprisonment for a period of seven years or
upwards;

iv) that the husband has failed to perform, without reasonable cause, his marital obligations
for a period of three years;

19
Dr. R.K. Sinha- Muslim Law, 5th edn. 2003, p.98, Central Law Agency, Allahabad.
20
See Section 2 of the Dissolution of Muslim Marriage Act, 1939.

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v) that the husband was impotent at the time of the marriage and continues to be so;

vi) that the husband has been insane for a period of two years or , is suffering from leprosy or
a virulent venereal disease;

vii) that she, having been given in marriage by her father or other guardian before she
attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen
years; provided that the marriage has not been consummated;

viii)that the husband treats her with cruelty, that is to say,--

a) habitually assaults her or makes her life miserable by cruelty of conduct even
if such conduct does not amount to physical ill-treatment, or
b) associates with women of evil repute or leads an infamous life, or
c) attempts to force her to lead an immoral life, or
d) disposes of her property or prevents her in exercising her legal rights over it,or
e) obstructs her in the observance of her religious profession or practice, or if he
has more wives than one, does not treat her equitably in accordance with the
injunctions of the Quran;

ix) on any other ground which is recognized as valid for the dissolution of marriages under
Muslim law:

In Umatul Hafiz v. Talib Husain,21 it was held that, the disposal of the property must
be for getting rid of that property not for the benefit of the wife, but with the object or
intention of preventing the wife from exercising her rights in the property for the selfish aims
of the husband himself. The disposal of the wife’s property does not become lawful even if it
is necessary for a pressing need of the husband. The disposal must be without her consent.
She would also be entitled to a dissolution of her marriage if she was prevented from

21
AIR 1945 Lah 56

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exercising her legal rights over the property.22

In Parakkattil Abu v. Pachiyath Beekkutty,23 wife filed a suit dissolution of marriage

on the ground of cruelty and inequitable treatment. She complains about the conduct of her
husband remarrying after 25 years of matrimonial life with 2 children born in the wedlock.
Such re-marriage was without the consent or approval of the wife. She felt that she was being
treated inequitably after the second marriage of the husband. The court held that wife’s
assertion regarding inequitable treatment only matters in such cases. Non-repetition of details
of specific allegations of matrimonial cruelty in affidavit sworn by her before court does not
make it defective and unacceptable and it confirmed the order of dissolution of marriage
passed by lower court.
.

22
Dr. M.A. Qureshi- Muslim Law, 3rd edn. 2007, p.110, Central Law Publications, Allahabad.
23
AIR 2011 Ker 38.

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 CONCLUSION

In contrast to the Western world where divorce was relatively uncommon until modern
times, and in contrast to the low rates of divorce in the modern Middle East, divorce was a
common occurrence in the pre-modern Muslim world. In the medieval Islamic world and the
Ottoman Empire, the rate of divorce was higher than it is today in the modern Middle East.
In 15th century Egypt, Al-Sakhawi recorded the marital history of 500 women, the largest
sample on marriage in the Middle Ages, and found that at least a third of all women in the
Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or
more times. According to Al-Sakhawi, as many as three out of ten marriages in 15th century
Cairo ended in divorce. In the early 20th century, some villages in western Java and the
Malay peninsula had divorce rates as high as 70%. In practice in most of the Muslim world
today divorce can be quite involved as there may be separate secular procedures to follow as
well.

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 BIBLIOGRAPHY

TABLE OF CASES:

 Asha Bibi v. K.Ibrahim (1909) ILR 33 Mad.22

 Ghulam Mohyuddin v. Khizer, AIR 1929 Lah 6
 In Mohammad yusuf commissioner, Quetta Division v. Syed Ali Nawaz Gardezi, P.L.D.
1965 (W.P.) Lah. 141
 Mohd. Ahmad Khan vs. Shah Bano Begum, (1985)2 SCC 556.
 Moonshee Bazloor Raheem v. Shamsoonissa Begum, (1867)11 MIA 551 (610)
 Parakkattil Abu v. Pachiyath Beekkutty, AIR 2011 Ker 38.
 Rahmatullah v. State of U.P. and others, 1999 (12) Lucknow Civil decision
 Rebun Nessa v. Musstt. Bibi Ayesha & others, AIR 2011 Gauhati 36.
 Umatul Hafiz v. Talib Husain, AIR 1945 Lah 56
 Waj Bibee v. Azmat Ali, (1867)8 WR 23
 Yusuf v. Sowramma, AIR 1971 Ker 261.

BOOKS REFERRED:

 Syed Khalid Rashid- Muslim law, 4th edn. 2004, Eastern Book Co., Lucknow.
 B.R. Verma-Islamic Law, 6th edn. 1986, Law Publishers (India) Private Limited.
 R.K. Sinha- Muslim Law, 5th edn. 2003, Central Law Agency, Allahabad.
 M.A. Qureshi- Muslim Law, 2nd edn. 2002, p.68, Central Law Publications, Allahabad.
 A.A. Fyzee- Outlines of Muhammadan law, 4th edn. 2005, Oxford University Press, New
Delhi.

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  The Holy Quran IV, 34; translated by Abdullah Yusuf Ali, edn. 2004, Ayman
Publications, New Delhi.
 Dr. Mohammad Nazmi- Mohammadan Law, 2nd edn.2008, p.70, Central Law
Publications, Allahabad.
 DR. Nishi Purohit- The Principles of Mohammedan law, 2nd edn. 1998, p.193, Orient
Publishing Company, Allahabad.
 Dr. Paras Diwan- Muslim Law in Modern India, 9th edn. 2005, p.85, Allahabad Law
Agency, Faridabad (Haryana).

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