CSSMuslim Law

Q.8 Write short notes on the following: (a) Triple talaq in one sitting (b) Remedies available to a Muslim women under the DMMA 1939 (c) Dower (d) Share of the grandchild under the MFLO 1961. (2016)

(a) Triple talaq in one sitting:

Triple talaq refers to the practice of a Muslim husband divorcing his wife by uttering the word ‘talaq’ three times in a single sitting. This practice has been widely criticized as it allows for a unilateral and arbitrary divorce, without any opportunity for the wife to contest or negotiate the terms of the divorce. In 2017, the Supreme Court of India declared the practice of triple talaq unconstitutional and void.

(b) Remedies available to a Muslim woman under the DMMA 1939:

The Dissolution of Muslim Marriages Act (DMMA) 1939 provides various remedies to Muslim women in case of divorce. These include the right to seek divorce on certain grounds, such as cruelty or desertion by the husband, and the right to claim maintenance and dower. The Act also provides for the appointment of a court-appointed arbitrator to help resolve disputes between the parties.

(c) Dower:

Dower, also known as mahr, is a gift that the husband gives to the wife as part of the marriage contract. The amount of dower can be negotiated between the parties and can be paid in cash or other assets. Dower is seen as a form of financial security for the wife in the event of divorce or death of the husband.

(d) Share of the grandchild under the MFLO 1961:

The Muslim Family Law Ordinance (MFLO) 1961 governs matters related to family law for Muslims in Pakistan. Under the MFLO, the grandchild is entitled to a share of the deceased grandparent’s property in certain circumstances. If the grandparent dies without leaving any children, but leaves behind a surviving spouse and grandchildren, then the grandchildren are entitled to a share of the grandparent’s property. The share of the grandchild is determined based on the rules of inheritance under Islamic law.

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