Family Law-II
(Muslim Law and Other Personal Laws)
By:
Ms. R. Mounika
Asst. Professor
Pendekanti Law College, Hyd.
ILA (Vow of Continence):
Where a husband, who has attained puberty and is of sound
mind, swears by God that he will not have sexual intercourse
with his wife for a period of four months or more or for an
unspecified period, he is said to make ila.
Thus, if any husband says to his wife, "I swear by God that I
shall not approach thee," it is a valid ila.
After the expiration of these four months, the marriage
dissolves irrevocably.
But, if the husband resumes cohabitation within the prescribed
period of four months, ila is cancelled and the marriage does
not dissolve.
The custom of ila is however obsolete now. Ila is not a practice
in India.
Under Shia law, Ila cannot take place without the order of the
court of law. After the expiration of the prescribed period the
wife may file suit either for the restitution of conjugal rights or
for the dissolution of marriage. If she does not obtain the
decree of court, the marriage does not dissolve.
Note: In ila husband is called Mula and the wife is called Muli.
Zihar (Injurious Assimilation) (Unlawful
Comparison):
When a husband, (sane and adult) compares his wife with a
woman of prohibited degrees (e.g. mother or sister etc), he is
said to have committed Zihar.
The husband would say that from today the wife is like his
mother or sister and does not make a relation up to four
months.
The wife has a right to refuse herself to him until he has
performed penance by:
(i) Freeing a slave or
(ii) Fasting for two months or
(iii) Feeding sixty poor persons.
After the expiry of four months, the Zihar is complete but
marriage does not dissolve.
She may go to the court either for the restitution of conjugal
rights or for a judicial divorce.
Delegated Divorce (Talaq -e-Tafweez):
A Muslim husband has unlimited power to divorce his wife at
any time on any ground.
This power or right is so absolute that he may exercise it either
himself or delegate to other person, including his own wife.
When the right of talaq is exercised by any person other than
the husband himself, it is called Talaq-e-Tafweez or delegated
divorce and that talaq is as effective as made by husband
himself.
The delegated power of divorce to the wife may either be
permanent or temporary i.e. only for a specified period.
A permanent delegation of power is irrevocable but a
temporary delegation may be revoked by the husband.
The delegation may be conditional or subject to certain
condition or contingency.
If the delegation is conditional, the talaq cannot take place until
that condition is fulfilled.
It is to be noted that the mere fact, where husband delegates
to his wife the right of pronouncing talaq, does not deprive the
husband himself of his right to pronounce talaq.
This Topic will be conTinued Tomorrow.
have a nice day. Take care.
Thankyou.