Kinds of Divorce under Muslim Law
Kinds of Divorce under Muslim Law
1. Talaq (Unilateral Divorce by Husband)
Definition:
The husband repudiates (divorces) his wife by pronouncing “Talaq” (divorce) verbally or in writing.
Types of Talaq:
Talaq-e-Ahsan: The most approved form; a single repudiation followed by a waiting period (iddat) of three menstrual cycles. If no reconciliation occurs, divorce is final.
Talaq-e-Hasan: Three separate pronouncements of divorce, each at successive intervals of one menstrual cycle, with no intercourse in between.
Talaq-e-Biddat (Triple Talaq): Instant triple pronouncement at once, which was declared unconstitutional in India (2017).
Effect:
Divorce is effective after the iddat period (usually 3 months), during which reconciliation is possible.
2. Khula (Divorce at the Instance of Wife)
Definition:
The wife initiates divorce by returning the dower (mahr) or something else to the husband, seeking his consent for divorce.
Effect:
Divorce is granted if the husband agrees or through the court under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
3. Mubarat (Mutual Divorce)
Definition:
Both husband and wife mutually agree to dissolve the marriage amicably.
Effect:
Divorce is effected by mutual consent without blame on either party.
4. Talaq-e-Tafweez (Delegated Divorce)
Definition:
The husband delegates the right to divorce to the wife at the time of marriage or later through a written agreement.
Effect:
The wife can exercise the right of divorce independently under agreed terms.
5. Judicial Divorce
Under Indian Law:
The wife can seek judicial dissolution on specific grounds under the Dissolution of Muslim Marriages Act, 1939, such as:
Husband’s failure to maintain
Cruelty or desertion
Imprisonment
Apostasy
Neglect or insanity
If husband takes oath of Ila (refusal of conjugal relations) for 4 months or more
Summary Table
| Kind of Divorce | Initiated By | Mode | Legal Status in India |
|---|---|---|---|
| Talaq | Husband | Pronouncement of Talaq (single or triple) | Valid except Triple Talaq (banned) |
| Khula | Wife | Wife returns dower or seeks consent | Recognized, court can grant if husband refuses |
| Mubarat | Both | Mutual agreement | Accepted under Muslim personal law |
| Talaq-e-Tafweez | Wife | Delegated right to divorce | Valid if clearly agreed upon |
| Judicial Divorce | Wife | Court decree under specified grounds | Available under Dissolution Act, 1939 |
Additional Notes
Triple Talaq (Talaq-e-Biddat) was declared unconstitutional by the Supreme Court of India in 2017 and criminalized by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The iddat period (waiting period) is usually 3 menstrual cycles or 3 lunar months to confirm non-pregnancy.
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