EFFECT ON RIGHTS OF WOMEN IN HUSBAND’S PROPERTY IN RESPECT TO TRIPLE TALAQ
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Abstract
Divorce is the most hated permissible thing in the sight of Allah. It dissolves families and deprives children the family atmosphere. The Prophet (peace and blessings be upon him) said: "The most hateful permissible thing (al-Halal) in the sight of Allah is divorce."(Abu Dawud, Hadith 1863, Ibn Majah, Hadith 2008).
Triple Talaq is a type of divorce where a husband can divorce his wife by pronouncing triple Talaq thrice and can throw the wife out and exploit her in this way by threatening her to give divorce merely by pronouncing these words. It is majorly seen in majority of people of Muslim community following Hanafi Islamic School of Law. This is generally not preferred in certain school of law because there is a time given of three months before the decree of divorce is done.
And before understanding triple Talaq we need to understand what Nikah is, Nikah is marriage in Islam and in Islam marriage means contract which is agreed by both the parties which is the husband and wife, and the bride is given an amount or consideration which is compulsory it can be money/gold or land. The bride has right over meher and can waive it off according to her will, but the husband cannot claim right over meher.
So now comes the question that since the amount of meher is mere 1000rs will there be any rights of wife over property of her husband after the Talaq happening because than the wife will be deprived of its rights over property and to even reside at her matrimonial home.
Principally speaking there is also a provision in Islamic Jurisprudence that gives the wife any right over husband’s asset. This is because Meher has already been given, but with changing times Meher has becoming a ritual more than a right.
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