CSSMuslim Law

Q.8 write short notes on the following:(a) Talaq-i-Ahsan and Talaq-i-Hassan  (b) proper dower (mehr-i-misi)  (c) Dar -al-Harb (d) judicial ijtihad. 2018

(a) Talaq-i-Ahsan and Talaq-i-Hassan: Talaq-i-Ahsan and Talaq-i-Hassan are two forms of divorce in Islamic law. Talaq-i-Ahsan is the most preferred form of divorce, which involves a single pronouncement of divorce followed by a waiting period of three menstrual cycles. During this period, the husband can revoke the divorce if he changes his mind. Talaq-i-Hassan is a slightly less preferred form of divorce, which involves three pronouncements of divorce made during the wife’s period of purity, with a waiting period between each pronouncement.

(b) Proper Dower (Mehr-i-Misi): Mehr-i-Misi is a form of dower in Islamic law where the amount of the dower is stipulated in the marriage contract. This is in contrast to Mehr-i-Muwajjal, where the dower is deferred and paid only in the event of divorce or death of the husband. Proper dower is considered to be a form of financial security for the wife, and it is paid to her immediately upon marriage.

(c) Dar-al-Harb: Dar-al-Harb is a term used in Islamic law to refer to a region or country that is not under Muslim rule. It is often translated as “the land of war,” but it does not necessarily imply that Muslims are in a state of war with the people living in that region. Rather, it is a legal term used to describe a region where Islamic law is not enforced.

(d) Judicial Ijtihad: Judicial Ijtihad refers to the process of legal reasoning used by judges in Islamic law. It involves interpreting the sources of Islamic law, including the Quran, the Hadith, and the opinions of Islamic scholars, to make decisions in specific cases. Judicial Ijtihad is an important aspect of Islamic law, as it allows judges to adapt legal principles to changing social and cultural contexts. However, there are debates among Islamic scholars about the extent to which judicial Ijtihad can be used to create new legal principles or modify existing ones.

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