Vol. 4, Issue 4 (2018)
Comparative analysis of divorce laws: A look into the divorce laws of Islamic world
Author(s): S Keerthana, Sathishprem SR Raghuvarathan
Abstract: To annul the institution of matrimony is always a tough task. Each country has had its own stint in devising the legal mechanism for separation of partners who have indulged in marital relations. In this day and age, dynamic shifts have taken place within the institution of marriage and questions have creeped up regarding the necessity of the same. It takes considerable social observation coupled with pragmatic analysis of contemporary situations to expound the law regarding divorce. This work attempts to analyse the various national laws regarding divorce and compare them with the Indian laws. The authors seek to investigate the modus operandi, institutional framework, the substantial provisions and the jurisprudence that has gone into the making of the respective national legal constructs. The authors have indulged in mapping divorce laws across borders for the purpose of this analysis. The importance is given to the historical background, status of the divorce proceedings, time constraint, grounds for divorce, jurisdiction of the courts, unique features and procedures that exist in each country. The above mentioned crucial elements are positively compared and discussed in this article. The authors feel such works are necessary to make a SWOT analysis of legal regimes that deal with similar problems with their own context driven law-making and jurisprudence. This paper does not dwell on ethnocentricity nor is it judgmental of the various legal regimes. It merely seeks to compare by drawing out commonalities and citing out differencesres.