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

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V. In addition to the forms of divorce already explained, there are three others of a peculiar nature, called k͟hulaʾ, mubāraʾah, and z̤ihār.

The form of divorce known as k͟hulaʾ, is when, a husband and wife disagreeing, or for any other cause, the wife, on payment of a compensation or ransom to her husband, is permitted by the law to obtain from him a release from the marriage tie. The k͟hulaʾ is generally effected by the husband giving back the dower or part thereof. When the aversion is on the part of the husband, it is generally held that he should grant his wife’s request without compensation; but this is purely a matter of conscience, and not of law.

Mubāraʾah is a divorce which is effected by a mutual release.

Z̤ihār, from z̤ahr, “back,” is a kind of divorce which is effected by a husband likening his wife to any part or member of the body of any of his kinswomen within the prohibited degree. As for example, if he were to say to his wife, “Thou art to me like the back of my mother.” The motive of the husband in saying so must be examined, and if it appear that he meant divorce, his wife is not lawful to him until he have made expiation by freeing a slave, or by fasting two months, or by feeding sixty poor men. (See Qurʾān, Sūrah lviii. 4.)

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