ProZ.com global directory of translation services
 The translation workplace
Ideas
KudoZ home » Arabic to English » Law/Patents

الخلع

English translation: Abdicative divorce

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
14:28 Feb 18, 2002
Arabic to English translations [PRO]
Law/Patents / legal and religous
Arabic term or phrase: الخلع
يعد الخلع من الامور التي يجهلها الناس في شرع الله
lad79
Egypt
Local time: 21:42
English translation:Abdicative divorce
Explanation:
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


--------------------------------------------------
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
Selected response from:

Alaa Zeineldine
Egypt
Local time: 21:42
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4Abdicative divorce
Alaa Zeineldine
5 +1Divorce (in return of monetary compensation to be paid by the wife to the husband)Adil mansour
4 +1wife-initiated divorceFuad Yahya
4divorce at the request of the wifeILA
4Dismissing, repudiating
Colin Brayton


  

Answers


28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
wife-initiated divorce


Explanation:
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

Fuad Yahya
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in pair: 2542

Peer comments on this answer (and responses from the answerer)
agree  ALI DJEBLI: Excellent!
27 mins

disagree  Ahmed Kassem: 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
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Dismissing, repudiating


Explanation:
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.

--------------------------------------------------
Note added at 2002-02-18 15:39:07 (GMT)
--------------------------------------------------

other suggestions: \"brushing aside, abandoning, rejecting, divorcing themselves from [in the metaphorical sense] ...


    Hans Wehr
Colin Brayton
Local time: 15:42
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 16
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
Abdicative divorce


Explanation:
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


--------------------------------------------------
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


Alaa Zeineldine
Egypt
Local time: 21:42
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in pair: 431
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Saleh Ayyub: Excellent
5 hrs

agree  Safaa Roumani
20 hrs

agree  Ahmed Kassem: the nearer
7 days

agree  AhmedAMS
9 days
Login to enter a peer comment (or grade)

17 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
Divorce (in return of monetary compensation to be paid by the wife to the husband)


Explanation:
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



    Reference: http://www.proz.com/translator/
Adil mansour
Saudi Arabia
Local time: 22:42
Native speaker of: Native in ArabicArabic
PRO pts in pair: 8

Peer comments on this answer (and responses from the answerer)
agree  Ahmed Kassem: the most appropriate
7 days
Login to enter a peer comment (or grade)

20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
divorce at the request of the wife


Explanation:
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.

ILA
Local time: 20:42
Native speaker of: Native in ArabicArabic
PRO pts in pair: 11
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also: