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  • Chapter 16 - A Difficult Case of Divorce

  • from Part II - Islamic Jurisprudence (Fiqh) and Related Genres
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 178-188

  • Summary

    This chapter explores an extremely involved and technical debate on the dynamics of marriage and divorce among adherents of the Shāfiʿī school of law in Kerala, specifically the intervention of the Keralite jurisconsult ʿAbd Allāh Musliyār (b. ?). The issue in question is the validity of a declaration of unilateral repudiation (ṭalāq) using a particular grammatical construction uttered in front of the husband’s mother-in-law (known locally as the ‘Valapuram Ṭalāq’ case). The effectiveness of this particular form of divorce continues to divide jurists in the community in question, all of whom defer to the authority of the same canonical legal texts, namely the Tuḥfat al-Muḥtāj of Ibn Ḥajar al-Haytamī (d. 974/1566), the Nihāyat al-Muḥtāj of Shams al-Dīn al-Ramlī (d. 1004/1596) and the Fatḥ al-Muʿīn of the prominent Keralite jurist Aḥmad Zayn al-Dīn al-Malaybārī (d. 991/1583).