What is the procedure for mutual divorce under muslim law


the circumstances was forced by my wife that we both had appealed a mutual divorce file in barasat court in w.b.,apprx.7 months ago,,but my wife has spent with me atleast 6 months. after we filed the appeal,but now she changed ,she asked for giving her final sign,,but I wont live without her,plz,help me

Answer

Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.In both these forms, the wife agrees to part or let go of her dower or a part of some other property.As per Muslim Law in a case of mutual consent divorce, the wife needs to pay some compensation for dissolving the matrimonial union.

Under Khula, the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Relieving the husband from payment of Mahr to the wife is also a consideration.  

Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.
  • Either the husband or the wife can make the offer.
  • The other must accept it.
  • When accepted, it becomes irrevocable
  • Iddat period necessary

Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. However, 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.

In 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 these forms, a divorce is essentially an act of the parties, and no intervention by the court is required.
 


Answers (1)

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.


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