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In Muslim Law, Notarized Divorce Is Valid Document ?


29-Dec-2023 (In Documentation Law)
My friend got married in Feb 2017 and wants to take a divorce mutually with his wife. Both are muslims. He was advised to get an agreement notarized in front of 2 witnesses. Is this document valid legally? Can this notarized document on rs. 100 stamp paper be used for re-marrying under special marriage act ? Most places I read say that notarized agreement isnt valid legal document but a lawyer suggested that it is. Can someone help to clear the confusion?
Answers (3)

Answer #1
226 votes

In India, a "talaq nama"written on stamp paper is not legally valid for divorce, even if notarized, as a valid divorce regardless of religion requires a judicial decree from a family court. For Muslims, a talaqnama issued by a Kazi may be recognized under personal law, but it must still be validated through court proceedings to have full legal effect. Similarly, a Mubarat deed, or mutual divorce deed, is an Islamic legal document that formalizes the dissolution of a marriage through mutual consent, with both husband and wife agreeing to separate, making it a more amicable and consensual form of divorce compared to other methods.

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Advocate Chikirsha Mohanty

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Answer #2
767 votes
No. It is not valid one. In Muslim law I need to get divorced by saying tapas for three time in three months and it has to said in front of Kazi and two or three witnesses and follow the idat period by both parties and thereafter lazy issue talaq nama. Which is valid in eyes of law. Then only both can marry again to another persons
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Advocate Roopa Daxini

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Answer #3
739 votes
The process to divorce mutually under Muslim law is called ‘Mubarat’. Both parties need to file consent terms before a registered mufti/ Maulana Alif with 3 witnesses which will be duly notarised by notary. Once the iddat period of 3 months 10 days transpires, the woman can remarry. For men, there is no iddat period.
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Advocate Menaz Maqbul Shaikh

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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