Date : 30 Mar, 2019
Post By Barbie Duggal
Muslim law of marriage and divorce is a bit different from laws regulating marriage and divorce in other religion.
For Muslims, marriage is a social contract, and for marriage, divorce and remarriage they have to follow a procedure prescribed by their religious customs, which can be made official with the help of a divorce consultant at Lawtendo which provides the best divorce lawyers.
Modes of Divorce for Muslim couples:
A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat.
There are two categories of divorce under the Muslim law:
Extra judicial divorce- is when it depends upon the will of husband or wife or
when it is by mutual agreement. There are different rights provided to wife and
husband. Generally rights to give divorce are given to husband only, wife are
at very lower pedestal regarding right to divorce but Dissolution of Muslim
Marriage Act, 1939, wife has also been provided with some rights.
The category of extra judicial divorce can be further subdivided into three types, namely,
Under MUBARAT, divorce is by mutual consent. Thus, the proposal may originate from either side. The husband and the wife both want to be separated from one another. Under this system, when the parties to marriage enter into a mubarat, all mutual rights and obligations come to an end.
KHULA (WIFE INITIATES)
Khula means the wife alone wishes to separate and she has to return what's called mehr, or a payment; the husband takes the payment and lets his wife go, whether this payment is the mehr which he gave to her, or more or less than that.
TALAQ (HUSBAND INITIATES)
In talaq, the husband exercises his right to pronounce divorce. A talaq pronounced under compulsion, coercion, undue influence, fraud or voluntary intoxication is considered void. According to Sunni law, a talaq, may be oral or in writing. No specific formula or use of any particular word is required to constitute a valid talaq. Talaq is of three types:
a) Talaq Ahsan
b) Talaq Hasan
TALAQ AHSAN (REVOCABLE)
Single pronouncement of talaq followed by abstinence of 90 days. The 90-day period is known as iddat. Divorce is revoked if the couple cohabit within those 90-days. If not, the divorce goes through and is irrevocable.
TALAQ HASAN (REVOCABLE)
Three pronouncements of talaq 1 each in 3 successive months (menstrual cycles) with abstinence throughout that period. How it works is like this: : If the husband says Talaq but the couple make up within the first month, talaq is revoked. If the husband doesn't follow up by pronouncing talaq in the following month, the divorce is again considered void. And the same goes for the third month. Essentially, the husband has to pronounced talaq for three consecutive months for, divorce to be irrevocable.
Instantaneous divorce, or triple talaq, that was struck down on Tuesday. Three times saying talaq without any iddat period. Not permitted, experts say, by either the Quran or by Hadith (sayings of Prophets) . This practice goes back to the 8th century, and the Hanafis, one of four Sunni schools, wanted it recognised, but it never was. In fact, even the Hanafis call it "sinful form of divorce" but "good in law".
As per Quranic procedure, an attempt at reconciliation and arbitration is a must for all forms of Islamic divorce.
2.) Judicial divorce- is a formal separation between husband and wife where there is no direct role of husband or wife but court separates them according to established custom or law. In such cases divorce does not depend on the will and pleasure of the husband.
on which a female can claim divorce under this act are:
-Whereabouts of husband are not known,
-Failure to maintain for a period of two years.
-When husband sentenced to imprisonment.
-Failure to perform marital obligations.
-Insanity, leprosy or virulent venereal diseases.
-Repudiation of marriage.
-False accusation of adultery.
-Conversion of spouse to another religion.
-Extra Judicial Divorce
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