What is the procedure for mutual divorce under muslim law

171 votes

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

LawRato LawRato

698 votes

There are two forms of divorce by mutual consent, in both the woman has to part with her property. One is the “khula” divorce and the other one is the “mubarat” form of divorce. In mubarat, the feature is that both the parties desire divorce. Thus, the proposal may emanate from either side. In mubarat both, the husband and the wife, are happy to get rid of each other . Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. The Shia law is stringent though. It requires that both the parties must bona fide find the marital relationship to be irksome and cumbersome. Among the Sunnis no specific form is laid down, but the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result. They also insist that the pronouncement must be in Arabic unless the parties are incapable of pronouncing the Arabic words. Intention to dissolve the marriage should be clearly expressed. Among both, Shias and Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required.

Advocate Aveek Bose LawRato

404 votes

In Islamic law, the procedure for mutual divorce, also known as "Mubarat," allows both spouses to end their marriage by mutual consent. Here's an overview of the process:

1. Mutual Agreement: Both the husband and wife must voluntarily and genuinely agree to end their marriage. This agreement should be made without any coercion or undue influence.
2. Written Statement: A written statement or "deed of Mubarat" is typically prepared, stating the mutual consent of both parties to dissolve the marriage. This statement should be clear and unambiguous.
3. Two Witnesses: Two adult Muslim witnesses are required to attest to the consent of both spouses. These witnesses should be of sound mind and character.
4. Oral Pronouncement: In addition to the written statement, the husband and wife may orally pronounce their intention to divorce each other.
5. Registration: It is advisable to register the Mubarat deed with the relevant authorities or a Qazi (Islamic judge) to ensure its legal validity.
6. Return of Mehr: In Mubarat, the wife may need to forgo part or all of her Mehr (dower) as a gesture of goodwill. This is often negotiated between the parties.
7. Legal Effect: Once all the requirements are met, the marriage is dissolved, and both spouses are no longer bound by the marital contract.

It's important to note that the procedure for mutual divorce under Islamic law may vary slightly depending on local customs and practices. Therefore, it's advisable to consult with a knowledgeable Islamic scholar or a family lawyer experienced in Muslim personal law to ensure that the process is carried out correctly and in accordance with Islamic principles.

Advocate Chikirsha Mohanty LawRato

397 votes

Mutual Divorce Under Muslim Law: Khula or Mubarat is the two types of divorce/agreement. Khula: According to this type of mutual divorce, the agreement is between husband and wife to dissolve their union by giving a portion of the womans property to her husband as compensation.

Advocate Chikirsha Mohanty LawRato