An Islamic divorce which involves the husband either pronouncing the words ‘I divorce you’ on three separate occasions, so that the parties can effectively reconcile the marriage twice before the third pronouncement, or where a husband pronounces the same words three times in one sitting to make the divorce final without any opportunity to effect a recociliation. The latter method is sometimes called the triple talaq and is the method most commonly used. Once the talaq has been pronounced three times the husband and wife cannot be married again until the wife has married and divorced another husband.
A legal document, usually in writing, giving details of a formal legally binding agreement, between two or more different people or groups. To be legally binding it must contain certain elements:
it must contain an offer made by one party and accepted in its entirety by the other,
it must include some form of consideration whether it be money, goods or services, and
it must be properly signed by all parties to it, and dated.
A contract in which all elements of a contract are specifically stated (offer, acceptance and consideration), and the terms are set out, as compared with an implied contract in which the existence of the contract is assumed by the circumstances.
An agreement where one person promises to do something or to refrain from doing something if the other person does something, but the other person makes no promise to do or refrain from doing anything so that no enforceable obligation has been given by the other person.
The Islamic legal system derived from the religious precepts of Islam, particularly the Koran and the Hadith. It is an Arabic language term meaning a body of moral and religious law derived from religious prophecy.
Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case.
The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence.
2012/09/11
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