In Muslim law, a divorce can be obtained through the divorce procedure, on the death of the husband or on the death of the wife. The wife has to observe the Iddat period of three months before remarriage. On the other hand, the husband can remarry immediately after the wife’s death. There are various kinds of Islamic divorce under Muslim Law.
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Marriage in Islamic law is a contract. Hence, the essentials of a valid contract apply here as well. Divorce in Muslim law is of various kinds which can be granted in different situations. As we all know, divorce is the most difficult phase in every marriage. It is a long process involving mental agony.
Types of divorces under Muslim Law:
- Divorce by Husband:
1. Ila: It is a form of divorce in which the consent of the wife is not required. The husband can pronounce divorce anytime during their cohabitation. It is a revocable divorce until the Iddat period.
2. Zihar: In this form of divorce, the husband compares the wife with any other woman in a prohibited degree.
3. Talaq
a) Talaq-ul-sunnat: Ahsan: In this type of divorce, the husband pronounces the talaq a single time. But the condition is that the wife should not undergo the Tuhr period. The divorce becomes revocable if the husband and wife start sexual intercourse during the Iddat period.
Hasan: In this, the husband has to declare divorce in three periods three consequent times. In the three announcements, there must be an interval of thirty days. The divorce can be revocable before the Iddat period.
b) Talaq–ul–Biddat: It is recognized as the most sinful divorce in Muslim law. This is also called Triple Talaq. In this, the husband declares talaq three consequent times without giving any reason to the wife.
Divorce by Wife:
1. Talaq-e-Tafweez: It is a type of agreement in which the husband delegates the right to divorce to his wife. The condition is that if the husband does not fulfill the conditions of agreement, the wife can declare the divorce. The agreement does not deprive the husband of taking the divorce.
2. By Mutual Consent:
a) Khula: In this, the husband gives the wife the right to undergo divorce to his wife. The wife needs to pay the amount to her husband from her property. The wife even surrenders her rights and her right to Mehr. The wife even has to follow the Iddat period after pronouncing the divorce.
b) Mubarat: In this, both the husband and wife mutually renounce the performance of conjugal rights.
Divorce under the 1939 Act of Muslim Dissolution Of Marriage Act:
1. Lian: A wife can file this type of divorce on the grounds of a false charge of adultery by her husband. The wife can file a regular suit in the court. The court will pass the dissolution decree.
2. Faskh: This type of divorce can be filed by both the husband and wife if they feel that they are not compatible. There are various grounds for seeking divorce. The grounds are: when the whereabouts of the husband are not known for 4 years, the husband has failed to maintain his wife for 2 years, Husband has been sent to imprisonment for 7 years or more.
In Muslim law, there are various forms of marriage. There are various kinds of divorce in Muslim law. There are different situations in different forms of divorce.
After the 2017 judgment, the Supreme Court declared Tripal Talaq unconstitutional. It was stated that both husband and wife in Muslim law are given equal rights to dissolve their marriage. In India, talaq is an arbitrary act of the husband. Husband can pronounce Talaq at his whims and fancies. Men can pronounce divorce easily whereas women have to face legal and financial challenges. Our society is a patriarchal society where women have to suffer a lot.
This trend is now changing, and women are also provided the same rights to women in case of divorce. Women under Muslim Law are given the right to divorce their husband if he is unable to support her life. There are various kinds of divorce that women can give to their husbands.
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Adv Vipul Singh Raghuwanshi
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