COMPARATIVE ANALYSIS OF ISLAMIC DIVORCE LAWS: SOCIO-LEGAL ANALYSIS

Abstract

Islam is perhaps the first religion in the world which has expressly recognised the termination of marriage by the way of divorce. This is because muslim marriages are considered to be a civil contract which can be executed and dissolved like any other contract. Judicial divorce is a form of divorce where the court intervenes between both the parties and grants a divorce according to the customs and practices established by their religion. In the case of judicial divorce, the pronouncement of divorce is neither done by the wife nor is it done by the husband but the degree is solely given by the court based on the circumstances of case. Extra Judicial divorce is the form of divorce which has been prescribed by the Quran. There is no interference by the court whatsoever in the pronouncement of the divorce. The recent legislation passed by the government giving effect to the shayara bano case has several ambiguities which has been unanswered, and which could have been easily avoided if the laws of various other countries had been consulted. When the supreme law in our country i.e. the constitution was made with the best elements that numerous countries had to offer then why not do the same for the law which would affect the entire muslim population of the second highest populated country in the world.