Divorce of a Muslim couple is performed under the Muslim Personal laws. If your marriage falls under Muslim Laws, it shall come to an end either-
At the death of your spouse, or
By divorce.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in Muslim law is much greater than that of the wife.
If you are the husband, you can end the marriage at your will whenever you wish whereas if you are a wife you cannot do the same. You will have to get your husband’s consent/approval.
Judicial Divorce-
By Judicial Decree- You may file for divorce against your husband under the Muslim Marriage Act, 1939, if-
He is not heard alive for the last four years;
Has failed to provide for the maintenance for 2 years;
Has taken an additional wife in contravention to the Muslim Family Laws Ordinance, 1961;
Has been imprisoned for seven years or more;
Has failed to fulfil matrimonial duties for three years;
He was impotent at the time of marriage and continues to be so;
He has been of unsound mind for 2 years or is suffering from leprosy or incurable, communicable or life threatening disease like HIV and AIDS;
You were married before the age of sixteen years and want to revoke the marriage before turning 18 years;
Provided that the marriage has not been consummated-
Your husband treats you with cruelty, i.e.,
habitually assaults you and harms you physically, or
associates with prostitutes, or
forces you to lead an immoral life, or
discards your property against your wish or does not let you exercise your legal rights over it, or
stops you from following your religious practices, or
if he has more wives in addition to you and does not treat you equally as directed under Quran,
any other such grounds which may be valid for the dissolution of marriage under Muslim Law
Exceptions
The husband can use following exceptions if divorce has been filed against him-
Imprisoned for seven years or more – No divorce orders to be made until the sentence has become final;
Not heard alive for 4 years- order shall operate after six months and if you return within 6 months and promise to perform the matrimonial duties, the divorce orders will be quashed.
Impotency- you can make an application to the Court within 1 year that you will no longer be an impotent and if the court is satisfied the divorce order will be quashed.
Extra judicial divorce-
By Husband- A husband may divorce the wife in the following ways-
Talaq- when the husband releases his wife from marriage ties immediately or eventually.?
Talaq-i-biddat- When the husband pronounces the word Talaq to the wife, it become effective immediately and it cannot be revoked. There are two ways in which you can make the pronouncement.
The husband may make only one pronouncement during Tuhr expressing his intention to divorce the wife irrevocably.
The husband may make three pronouncements during wife’s Tuhr (period of purity- period between two menstruations).
Talaq-i-sunnat- These are the forms of Talaq which are revocable.
Talaq-i-ahasan- The husband makes a single pronouncement during Tuhr followed by no revocation by him for three consecutive Tuhr.
But if the wife does not menstruate either because of old age or due to pregnancy, a Talaq against her may be pronounced any time.
The wife must observe 3 months of iddat (period during which she cannot marry another man)
The husband must refrain from intercourse during Iddat.
Talaq-i-hasan- The husband makes the pronouncement thrice in three successive Tuhr.
The husband makes the first single pronouncement of divorce in a period of Tuhr
The next single pronouncement is made during the next period of Tuhr.
Revocation may be done by the husband only during the first two pronouncements. After that it cannot be revoked.
Ila - The husband takes an oath not to have sexual intercourse with his wife. Further there is no sexual relationship for a period of four months between them. After the expiry of the fourth month, the marriage dissolves irrevocably.
Zihar – The husband compares his wife with a woman within his prohibited relationship e.g., mother or sister etc. The husband would say that from today the wife is like his mother or sister. After the comparison the husband does not cohabit with his wife for four months. At the end of 4 months Zihar is complete.
2. By wife- the wife may divorce the husband in the following ways-
Talaq-e-tafweez- The husband assigns his wife the power to give him Talaq. An agreement is made either before or after the marriage providing the wife with the liberty to divorce herself from her husband under specified conditions (e.g. husband taking a second wife).
Lian- When the husband puts false charges of adultery against his wife that leads to humiliation of her character then the wife has the right to seek divorce on this grounds.
Khula- When 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.
3. By mutual consent-
Mubarat- Husband and wife both are against the continuation of marriage and want to separate.
Either the husband or the wife can make the offer.
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