Explain the legal consequences of Talaq under Muslim Law.

Question: Explain the legal consequences of Talaq under Muslim Law. [UPJS 2016]

Find the question and answer of Muslim Law only on Legal Bites. [Explain the legal consequences of Talaq under Muslim Law.]

Answer

The following rights and obligations arise on the completion of a divorce, whatever may be the mode of divorce:—

(1) Right to contract another marriage

If the marriage was consummated, the wife may marry another husband after completing her iddat; if the marriage was not consummated, she is free to marry immediately.

If the marriage was consummated, the husband had four wives at the date of divorce, including the divorced wife, he may marry another wife after completion of the iddat of the divorced wife.

(2) Dower becomes immediately payable

If the marriage was consummated, the wife is entitled to immediate payment of the whole of the unpaid dower, both prompt and deferred.

If the marriage was not consummated, and the amount of dower was specified in the contract, she is entitled to half that amount. If no amount was specified; all that she is entitled to be a present of three articles of dress.

(3) Mutual rights of inheritance cease

Either party is entitled to inherit from the other until the divorce becomes irrevocable. Immediately the divorce becomes irrevocable, mutual rights of inheritance ceases, except where the divorce was pronounced during the husband's death-illness, in which case the wife's right to inherit continues until the expiry of her iddat unless she was repudiated at her own request.

(4) Cohabitation becomes unlawful

Sexual intercourse between the divorced couple is unlawful after the divorce has become irrevocable. The offspring of such intercourse is illegitimate, and cannot be legitimated by acknowledgment. But the parties may remarry.

(5) Remarriage of a divorced couple

Where the husband has repudiated his wife by three pronouncements, and it is not lawful for him to marry her again until she has married another man, and the latter has divorced her or died after actual consummation of the marriage. The presumption of marriage arising from an acknowledgement of legitimacy does not apply to a remarriage between divorced persons unless it is established that the bar to remarriage created by the divorce was removed by proving an intermediate marriage and a subsequent divorce after actual consummation.

Even if a remarriage between the divorced persons is proved, the marriage is not valid unless it is established that the bar to remarriage was removed, the mere fact that the parties have remarried does not raise any presumption as to the fulfilment of the above conditions. A marriage without fulfilment of the above conditions is irregular, not void.

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