Marriage is an institution where two people, a man and a woman accept each other on the basis of trust and companionship and starts a new life together. But in unfortunate and unexpected circumstances it becomes difficult for both the partners to live a joyful married life, and then there comes a point of dissolving the marriage and the word comes in mind is “DIVORCE”. In this article we will talk about the Divorce in Muslim Law by a mutual consent which means that how the divorce is made when both the husband and the wife are ready get separated forever and come out of the non tolerable relation. Though, the Muslim Law is made on the idea of saving the marriage instead of ending it.
In Islamic divorce procedure through mutual consent, there are two ways to get divorced or dissolve the marriage. One is the “Khula” divorce and the other is “Mubarat” divorce form. In both these ways, wife agrees to let go of her dower or some part of any other property. In a case of mutual consent divorce in Muslim Law, the wife needs to pay some amount of the compensation for dissolving the marriage and getting separated.
Khula
Under this method of getting divorce in a Muslim Law, wife agrees to give the consideration to the husband about her separation from the marriage union. Leaving the husband from making the payment of Mahr to the wife is also one kind of a consideration.
Mubarat
Under this method of divorcing under the Islamic law, both wife and husband are not ready to live together anymore and want to get separated as soon as possible dissolving the marriage.
- The husband or the wife, either of them can make the offer.
- The other spouse must need to accept the divorce proposal.
- Once it is accepted by the other partner, it becomes irremediable.
- Iddat period is mandatory before the divorce is approved.
If we talk about Sunnis, when the husband and the wife opt for mubarat then all of their mutual rights and obligations becomes meaningless and comes to an end. In case of Shias, they insist on a proper documental form. The Shias believe that the word mubarat must be followed by the word Talaq, otherwise the divorce is meaningless.
In both, Shias and Sunnis, mubarat (mutual consent divorce) is irreparable. Other requirements are as same as what are in khula and the wife must have to follow the period of iddat and in both these ways, a divorce is basically an act of both the partners and thus, no intervention by the court is entertained.
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