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Comparison of Islamic divorce law with Judaism, Christianity and hinduism

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2023
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Abstract (EN)

Divorce is the cancellation or reorganization of the legal responsibilities of marriage, breaking the marital ties between husband and wife under the legal system of the country or religion. In short, it is the process of dissolving a marital relationship. Most religions of the globe have laws regarding divorce. In Islam, divorce is allowed and permissible. But it is often discouraged and can take various forms; some are initiated by the husband (Talak), some by the wife (Khula'), and some by the court (Tafriq). In Judaism, according to the Torah, it is permissible only for the cause of adultery of the wife. But the Halakhah (modern Jewish law) allows divorce under certain conditions like torture, abandonment, adultery etc. In Judaism, a divorce occurs after the husband gives his wife a divorce certificate (Get) prepared by the court. In Christianity, divorce is viewed differently. While the Catholic church allows annulment instead of divorce, Orthodox and Protestant churches allow divorce under certain conditions, such as adultery, apostasy, unlawful marriage, etc. Hinduism is different from these religions; according to religious texts, since marriage is a sacrament, once this bond is accepted, it must be maintained by both parties throughout their lives. Hence, no specific law for divorce can be found in the Hindu scriptures. However, some forms of divorce could exist among castes before 1955. Indeed, after ratifying the Hindu Marriage Act in 1955, divorce is permitted under specific reasons and conditions in Hinduism. This research aims to reveal a clear concept of divorce law in Islam, Judaism, Christianity, and Hinduism with a comparative study. In this regard, our study is divided into three parts. In the first chapter, the provisions regarding divorce in Islam are discussed. The second chapter examines divorce laws in Judaism, Christianity, and Hinduism. The third and final chapter presents a comparative discussion of the laws of these four religions regarding divorce.

Author

Abu Tayub Md Nazmussakıb Bhuyan

How to Cite

Abu Tayub Md Nazmussakıb Bhuyan (Doctorate thesis). Comparison of Islamic divorce law with Judaism, Christianity and hinduism, 2023, Ankara University.

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