Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

307 страница из 560

(6.) Laʿn, or “imprecation.” That is, when a husband charges his wife with adultery, the charge is investigated, but if there is no proof, and the man swears his wife is guilty, and the wife swears she is innocent, a divorce must be decreed.

(7.) Īlāʾ, or “vow.” When a husband makes a vow not to have carnal intercourse with his wife for no less than four months, and keeps the vow inviolate, an irreversible divorce takes place.

(8.) Reason of property. If a husband become the proprietor of his wife (a slave), or the wife the proprietor of her husband (a slave), divorce takes place.

(9.) An invalid marriage of any kind, arising from incomplete nikāḥ, or “marriage ceremony,” or from affinity, or from consanguinity.

(10.) Difference of country. For example, if a husband flee from a dāru ʾl-ḥarb, or “land of enmity,” i.e. “a non-Muslim country,” to a dāru ʾl-Islām, or “country of Islām,” and his wife refuse to perform hijrah (flight) and to accompany him, she is divorced.

(11.) Apostasy from Islām. The author of the Raddu ʾl-Muk͟htār (vol. ii. p. 643) says: “When a man or woman apostatises from Islām, then an immediate dissolution (fask͟h) of the marriage takes place, whether the apostasy be of the man or of the woman, without a decree from the Qāẓī.” And again, (p. 645), “If both husband and wife apostatise at the same time, their marriage bond remains; and if at any future time the parties again return to Islām, no re-marriage is necessary to constitute them man and wife; but if one of the parties should apostatise before the other, a dissolution of the marriage takes place ipso facto.”