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

313 страница из 560

(For the Sunnī Law of Divorce, see the Hidāyah and its Commentary, the Kifāyah; Durru ʾl-Muk͟htār and its Commentary, the Raddu ʾl-Muk͟htār; the Fatāwā-i-ʿĀlamgīrī; Hamilton’s English Edition, Hidāyah; Tagore Law Lectures, 1873.)

VI. The Shīʿah law of Divorce differs only in a few particulars from that of the Sunnīs. According to Shīʿah law, a man must be an adult of understanding, of free choice and will, and of design and intention, when he divorces his wife. A marked contrast to the licence and liberty allowed by the Sunnī law. Nor can the Shīʿah divorce be effected in any language of a metaphorical kind. It must be express and be pronounced in Arabic (if the husband understand that language), and it must be spoken and not written. A divorce amongst the Shīʿahs does not take effect if given implicatively or ambiguously, whether intended or not. It is also absolutely necessary that the sentence should be pronounced by the husband in the presence of two just persons as witnesses, who shall hear and testify to the wording of the divorce.

Правообладателям