or move her to himself. Where the time elapsed, and he does not do, he shall divorce her therefrom, after taking the
oath for the right of the absent husband.
Application for judicial divorce for absence and husband's place is unknown
187.
Where the wife applies for judicial divorce for absence and proves her suit, and the husband's place is
unknown, she shall be divorced without the adjournment and without notice after oath taking, for the right of the
absent husband.
Belief of wife on her grievance
188.
A wife shall be believed by her oath taking, and on her being aggrieved by absence of her husband and her
fear of seduction.
Application for judicial divorce for missing
189.
The wife of a missing husband may apply for judicial divorce from her husband, after the expiry of a
period not less than one-year time, of the date of absence.
Application for judicial divorce for confinement
190.
The wife of a husband, who is confined by a final sentence for a term of two and more years, may apply
for judicial divorce from her husband, and no judgment shall be passed therefor to her, unless after the expiry of
one year, of the date of confinement.
Divorce for absence, missing or confinement irretractive
191.
Divorce for absence, missing or confinement shall be inflicted irretractive.
Chapter VII
Judicial Divorce for Eila'a, Zihar and Exchanged Imprecation Definition of Eila'a
192.
Eila'a is the oath taken by husband not to copulate with his wife at all, or for four months or more.
Application for judicial divorce for Eila'a
193.
A wife may apply for judicial divorce for Eila'a where the husband continues to be on his oath up to the
expiry of four months.
Husband's desire to return
194.
Where the husband is desirous of return, before judicial divorce, the judge shall give him an appropriate
grace period; where he does not return, he shall divorce her from him.
Validity of retraction of judicial divorce for Eila'a
195.
There shall be required for validity of retraction of judicial divorce for Eila'a that the same shall be by
actual return, unless there is Sharia excuse, whereupon retraction shall be by word of mouth.
Definition of Zihar
196.
Zihar is the husband's simile of his wife to a woman, who is permanently prohibited thereto, or to her back,
or on organ thereof.
Validity of Zihar
197.
Zihar shall be valid from every husband, whose divorce is inflictable.
Application for judicial divorce for Zihar
198.
A wife may apply for judicial divorce for Zihar from husband where he refrains from expiation and
returning to his wife.
Definition of exchanged imprecation (Li’an)
199. Exchanged imprecation (Li'an) is special testimonies confirmed by oaths, taking place between the spouses,
before the judge, sealed by imprecation on the husband side, and by wrath on the wife's side.
Validity conditions of exchanged imprecation (Li’an)
200.
There shall be enquired for validity of exchanged imprecation (Li’an) that:
(a)
the two spouses shall be (Mukalafin) subject to Sharia obligations, not punished by Hud for libel (Qazf),
unless they repent;
(b)
their marriage contract shall be valid and subsisting de facto, or de jure, where the exchanged imprecation
(Li’an) is by reason of libel (Qazf) of adultery;
(c)
the husband has no Sharia evidence;
(d)
exchanged imprecation (Li'an) shall be before the judge and upon his permission;
(e)
the libellant husband shall be sighted alleging seeing her adultery; provided that a blind may exchange
imprecation (Li’an) by denial of the child;
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