options of divorce under Muslim law

The modes of Divorce under Mulsim Law / Islamic law in India are:

A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this is done by talaaq.

But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement.

Under an agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court.

There are two categories of divorce under the Muslim law:
1) Extra judicial divorce
2) Judicial divorce

The category of extra judicial divorce can be further subdivided into three types, namely,

- By husband- talaaq, ila, and zihar
- By wife- talaaq-i-tafweez, lian
- By mutual agreement- khula and mubarat

The second category is the right of the wife to give divorce under the Dissolution of Muslim Marriages Act 1939.