ভূমিকা

Shiavault - a Vault of Shia Islamic Books Fiqh and Fuqaha Part 6: Iqaaat (Unilateral Pronouncement) Muhaqqiq divided these into eleven Chapters. In Iq'aa pronouncing a formula is necessary, but it does not have two sides. It is done unilaterally. Chapter One­: Kitab Al­talaq Dissolution of marriage ­ It is either Absolute (Bain) or Revocable (Raje'e).

The revocable Talaq is that in which the husband has the power of revocation during the Iddat period, while in the absolute, the husband has no power of revocation. This chapter discusses all the laws in this connection. It also sets down all the conditions for Talaq to be valid. Chapter Two: Kitab Al­khula' & Mubaraat These are two other types of absolute divorce. Khula' is when wife has a dislike for her husband and asks him to divorce her in exchange of a sum, or all or part of her Mahr.

In such a case, when the husband agrees to divorce, he forfeits the power of revocation, except when the wife agrees to take back the money or ransom she gave. Mubaraat is when dislike is mutual, and in this case also the wife has to pay some ransom to the husband. However, the ransom paid in the case of Mubaraat should not exceed the Mahr. This divorce is also absolute.

Chapter Three: ­ Kitab Al­dhihar In the pre­Islamic era, when husband said to his wife "you are on me like the back of my mother", it was construed as Divorce. Islam has effected an important change. It does not recognise Dhihar as a form of divorce, but whoever does this ought to pay kaffara before he can resume conjugal relations with his wife. This kaffara is freeing a slave, and if that is not possible, he shall fast for two consecutive months.

And if that is not possible also, then he should feed sixty poor. Chapter Four: ­Kitab Al­eela' It is an oath by God, wherein the husband swears that he would never have conjugal relation with his wife, or that he would not have the relation for a period exceeding four months. In such a case, when the wife complains to Hakime Shara', the husband would be given a choice either to divorce her or to abrogate the oath. Naturally, if the husband abrogates the oath, he will pay the expiation (kaffara).

In general, Islam forbids abrogating the oaths, but in this case it recommends. Chapter Five: ­Kitab Al­lian This chapter deals with the slander or denial of a child. The law of accusing someone without adequate proof etc. are also discussed.