Feb 18, 2002 14:28
22 yrs ago
124 viewers *
Arabic term
الخلع
Arabic to English
Law/Patents
legal and religous
يعد الخلع من الامور التي يجهلها الناس في شرع الله
Proposed translations
(English)
Proposed translations
+4
1 hr
Selected
Abdicative divorce
The terms I use in translating documents that refer to خلع are "abdicative divorce", "divorce by abdication", or "divorce by way of abdication".
Abdication is the formal volunrary relinquishment of authority or responsibility. It is most commonly associated with the process by which a monarch gives up the throne and its privileges.
This is the best analogy that I find to خلع. Under Islamic jurisprudence, خلع is when the wife requests to be divorced in return for returning her the dowry she had received, giving up the outstanding dowry amounts, and dropping other financial rights, except child support and her own support during the time of pregnancy and breastfeeding. Gifts given to her by her husband are not included in the dowry and remain hers to keep.
This is in contrast to the case where the wife request a divorce because of the husband's violation one of his Islamically mandated marrital responsibities, whether deliberately or not. In this case the wife retains all her dowry and her financial rights. In fact in this case, if the husband refuses to divorce the wife, the marriage is annulled by the Islamic court or arbitrator.
In both cases it is the husband who divorces the wife, but at her request.
Hope this helps,
Alaa Zeineldine
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Note added at 2002-02-18 15:54:46 (GMT)
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\"Divorce by adbication is a little known subjects\", or \"divorce by abdication is considered a subject of which people are not well aware\".
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Note added at 2002-02-18 16:48:54 (GMT)
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Please excuse my typos.
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Note added at 2002-02-18 18:03:14 (GMT)
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The following ayah (albaqara, 2:229) contains the Quranic reference to the subject. The tafsir can be accessed at the link below:
http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=...
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ
Abdication is the formal volunrary relinquishment of authority or responsibility. It is most commonly associated with the process by which a monarch gives up the throne and its privileges.
This is the best analogy that I find to خلع. Under Islamic jurisprudence, خلع is when the wife requests to be divorced in return for returning her the dowry she had received, giving up the outstanding dowry amounts, and dropping other financial rights, except child support and her own support during the time of pregnancy and breastfeeding. Gifts given to her by her husband are not included in the dowry and remain hers to keep.
This is in contrast to the case where the wife request a divorce because of the husband's violation one of his Islamically mandated marrital responsibities, whether deliberately or not. In this case the wife retains all her dowry and her financial rights. In fact in this case, if the husband refuses to divorce the wife, the marriage is annulled by the Islamic court or arbitrator.
In both cases it is the husband who divorces the wife, but at her request.
Hope this helps,
Alaa Zeineldine
--------------------------------------------------
Note added at 2002-02-18 15:54:46 (GMT)
--------------------------------------------------
\"Divorce by adbication is a little known subjects\", or \"divorce by abdication is considered a subject of which people are not well aware\".
--------------------------------------------------
Note added at 2002-02-18 16:48:54 (GMT)
--------------------------------------------------
Please excuse my typos.
--------------------------------------------------
Note added at 2002-02-18 18:03:14 (GMT)
--------------------------------------------------
The following ayah (albaqara, 2:229) contains the Quranic reference to the subject. The tafsir can be accessed at the link below:
http://quran.al-islam.com/Tafseer/DispTafsser.asp?l=arb&taf=...
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ
4 KudoZ points awarded for this answer.
Comment: "Graded automatically based on peer agreement. KudoZ."
+1
28 mins
wife-initiated divorce
This is a peculiarity of traditinal Islamic family law. If you read Arabic, here is an online reference:
http://www.alshirazi.com/compilations/jar/horryat/part8/1.ht...
For an English-language reference, here is a link on the Hanafi school of law:
http://muslim-canada.org/mylove.htm
Fuad
http://www.alshirazi.com/compilations/jar/horryat/part8/1.ht...
For an English-language reference, here is a link on the Hanafi school of law:
http://muslim-canada.org/mylove.htm
Fuad
Peer comment(s):
agree |
ALI DJEBLI
: Excellent!
27 mins
|
disagree |
Ahmed Kassem (X)
: i think the english reader don`t mind if the divorce is wife or husband intiated
7 days
|
The "English" reader does in fact care to have a precise translation, even if explanatory in nature.
|
|
agree |
AhmedAMS
9 days
|
1 hr
Dismissing, repudiating
The word could be used in the more general sense of "throwing off, casting off," literally, or "repudiating, dismissing" -- "After repudiating, dismissing the things that people do (the efforts they make) in [accordance with] holy law." More context reequired, but that the specialized sense is meant here is not clear on the face of it.
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Note added at 2002-02-18 15:39:07 (GMT)
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other suggestions: \"brushing aside, abandoning, rejecting, divorcing themselves from [in the metaphorical sense] ...
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Note added at 2002-02-18 15:39:07 (GMT)
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other suggestions: \"brushing aside, abandoning, rejecting, divorcing themselves from [in the metaphorical sense] ...
Reference:
+1
17 hrs
Divorce (in return of monetary compensation to be paid by the wife to the husband)
Since Islam is the most reasonable religion, it has a solution for any marriage problem. When a wife has no desire to go on with her husband and all efforts or reconcilements fail, the wife is entitled to ask for divorce under certain conditions. This called Kholh.
Adil
Adil
Reference:
Peer comment(s):
agree |
Ahmed Kassem (X)
: the most appropriate
7 days
|
20 hrs
divorce at the request of the wife
in Islam a woman has the right to divorce herself in only one way, by giving up all her rights ans sometimes by giving money.
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