Types of Divorce

9 Grade 10 Religious Education (IRE) questions on Types of Divorce, with worked marking schemes. 9 questions are available on this topic in full.

1. Question 1

   6 marks

   (a) Explain two factors that may lead a husband to accuse his wife through li'an. (4 marks)

   (b) State two causes of mubarat in a marriage. (2 marks)

   (6 marks)

   Marking scheme

   (a) Any two of the following, 2 marks each (identify 1, explain 1) (4 marks): - Suspicion and jealousy: a husband who mistrusts his wife may accuse her without proof. - Long separation: when a husband works far away (e.g. abroad or as a long-distance driver), a pregnancy during his absence may make him deny paternity. - Unfaithfulness by the wife arising from weak faith, which the husband discovers but cannot prove with four witnesses. - Gossip and interference by relatives, friends or neighbours who plant doubts in the husband's mind. - Misuse of mobile phones and social media, such as secret chats, which breeds mistrust. - Free mixing and failure to observe Islamic etiquette of dress and interaction, which raises suspicion. - Poor communication between the spouses, so that doubts are never openly cleared. (b) Any two of the following, 1 mark each (2 marks): - Incompatibility of character or values. - Persistent quarrels and conflict. - Loss of love or mutual dislike between the spouses. - Interference by in-laws. - Disagreements over money and family responsibilities. - A marriage entered into under family pressure without real willingness.

2. Question 2

   1 mark

   Mwanaisha's husband left home three years ago and has neither contacted her nor provided for her and the children since then. Which form of separation should she seek from the Kadhi's court?

   A. Li'an

   B. Faskh nikah

   C. Mubarat

   D. Talaq raj'i

   (1 mark)

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3. Question 3

   4 marks

   Outline two differences between mubarat and faskh nikah. (4 marks)

   (4 marks)

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4. Question 4

   1 mark

   Which of the following best describes mubarat as a type of divorce in Islam?

   A. Separation that both spouses desire and agree to

   B. Dissolution ordered by a qadi on the wife's petition

   C. Separation after the husband's sworn accusation

   D. Divorce pronounced by the husband on his own

   (1 mark)

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5. Question 5

   1 mark

   A husband accuses his wife of adultery before the qadi but has no four witnesses, and the couple complete the oaths of li'an. According to the majority of Muslim jurists, what is the effect on their marriage?

   A. They may remarry after the wife completes her iddah

   B. The wife must return her mahr before they separate

   C. They are separated for ever and may never remarry

   D. The marriage continues once the husband pays kaffarah

   (1 mark)

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6. Question 6

   4 marks

   A Muslim youth forum in Mombasa is discussing the question, "How can divorce rates be reduced in the society?" Propose four measures that would help Muslim couples avoid li'an, mubarat and faskh nikah. (4 marks)

   (4 marks)

   Marking scheme

   Any four of the following, 1 mark each (4 marks): - Choosing a spouse mainly for religious commitment, as the Prophet (P.B.U.H.) advised ("choose the one with religion", Bukhari and Muslim, narrated by Abu Hurairah). - Attending premarital counselling to understand the rights and duties of spouses. - Fulfilling marital duties, including the husband's maintenance (nafaqah) of the family. - Living with love and mercy, which Allah places between spouses (Qur'an 30:21). - Using arbitration by one arbiter from each family when conflict arises (Qur'an 4:35). - Avoiding suspicion and spying on each other (Qur'an 49:12). - Remaining faithful and lowering the gaze (Qur'an 24:30-31). - Keeping open and honest communication between the spouses. - Practising patience and forgiveness. - Limiting interference by relatives in the couple's affairs. - Seeking guidance from imams, madrasa teachers or the Kadhi's court reconciliation process early. - Strengthening faith through prayer and good conduct in the home.

7. Question 7

   4 marks

   Explain two ways in which the provision for divorce in Islam promotes harmony in society. (4 marks)

   (4 marks)

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8. Question 8

   4 marks

   Apart from desertion and failure to provide maintenance, state four grounds on which a qadi may dissolve a marriage through faskh nikah. (4 marks)

   (4 marks)

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9. Question 9

   5 marks

   Describe how li'an is carried out according to Islamic teachings. (5 marks)

   (5 marks)

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