THE EVOLUTION OF DIVORCE LAWS IN ISLAMIC JURISPRUDENCE: HISTORICAL PERSPECTIVES AND CONTEMPORARY DEBATES
Chhayanshi Goyal & Anushka Goyal
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ABSTRACT
Through this article the authors will trace the evolution of divorce laws in Islamic jurisprudence in both historical perspective & ongoing contemporary debates which aim to examine key aspects of divorce in Islamic law, including the forms of divorce, the role of religious authorities, and the ongoing efforts to reform and modernize divorce laws in different contexts. Initially focusing on the pre-Islamic conditions and advent of Islam this article covers historical perspective in detail mentioning all about the lack of legal framework in the society of those times, the situation of family, religion and divorce then, and the thought processes of the prophet himself and the leaders of different schools and sects relating to divorce. Further it traces the evolution process involved in reference to divorce in the historical, medieval and contemporary times. The authors then shift their focus on contemporary debates be it the traditionalist side or reformist side, comparing both and presenting their views, narrating why each have their own pros and cons. Finally, before concluding, the current scenario of divorce in Islamic jurisprudence including both judicial and extra judicial divorce and their types which hold value and relevance in India to this day are discussed. The authors then conclude with the fact at hand that the Muslim world of jurisprudence just as others continues to evolve and change with changes in thought processes of people, society and need of the hour.
Keywords
Divorce
Contemporary Debates
Jurisprudence
Extra Judicial
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