Time of inflicting divorce 133. Divorce shall be ascribed to the time of its inflicting; where proof thereof is not possible, then to the time of proof of separation or of the date of admission thereof before the court. Capacity of the divorcer 134.(1) There shall be required of the divorcer sanity, majority and voluntariness. (2) Divorce of an undistinguishing person by reason of insanity, imbecility, full intoxication, compelling coercion, or otherwise of reasons, which deprive of reason. Condition of inflicting divorce 135. Divorce shall not be inflicted on the wife, unless she is in a valid marriage, which is de facto, or de jure subsisting. Types of divorce 136. Divorce is of two types: retractive and irretractive, as follows: (a) Retractive divorce, does not terminate marriage contract , save by lapse of the waiting period; (b) lrretractive divorce, terminates the marriage contract and it is of two types: (i) lrretractive divorce of minor irretractiveness, after which the divorced wife is not permissible to her divorce, save upon new contract and new dowry; (ii) irretractive divorce of major irretractiveness, after which the divorced wife is not permissible to her divorce, save the expiry of her waiting period (l’dda) of another husband, who has consummated marriage with her in a valid marriage. Retractive divorce inflicted 137. Every divorce shall retractively be inflicted, save the divorce complementing the three ones, the divorce prior consummation, the divorce upon consideration and what the law provides for its irretractiveness. Enjoyment (Muta'a) 138.(1) A divorced wife shall be entitled to enjoyment (Muta’a) other than waiting period (l'dda) alimony according to the affluence of the divorcer, which does not exceed six months' alimony. (2) There shall be excluded from the provisions of sub-section (1), the following cases, namely: (a) judicial separation for non-maintenance by reason of the husband's insolvency; (b) judicial separation for defect, where it is by reason; (c) Judicial separation by (Khula'), ransom or in consideration of property. Remarriage of a divorced wife permissible 139 A husband may remarry his divorced wife, if she is in the waiting period of a retractive divorce, even though she does not consent to the same; and this right shall not lapse by waiver thereof. Infliction of retraction 140. Retraction shall be inflicted by act, word of mouth or in writing; and upon disability thereof, by intelligibly sign. Conditions of validity of retraction 141. There shall be required for validity of retraction informing the divorced wife thereof, during her waiting period (l'dda). Part II Khula' (Divorce for consideration) Definition of (Khula' for consideration) 142. (Divorce for consideration) is breaking wed lock by consent of both spouses for consideration, by the word of Khula' (divorce for consideration) or within the meaning thereof. General provisions of Khula' (Divorce for consideration) 143.(1) Both spouses may consent upon termination of the marriage contract by Khula' (Divorce for consideration). (2) Khula' (Divorce for consideration) is an oath on part of the husband and consideration on part of the wife. (3) Khula' (Divorce for consideration) shall be by consideration sacrificed by the wife. (4) Khula' (Divorce for consideration) shall be deemed as irretractive divorce. Conditions of validity of Khula' (Divorce for consideration) 144. There shall be required for validity of Khula' (Divorce for consideration) the capacity of the wife to sacrifice and capacity of the husband to inflict divorce. 14

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