Mubarat under Muslim Law
Key Points about Mubarat:
Definition:
Mubarat means “mutual agreement” or “mutual consent.” It is a divorce that occurs when both spouses agree to separate and dissolve the marriage relationship amicably.
Nature:
It is a mutual and consensual divorce, where both parties decide to part ways without any coercion or unilateral decision.
Procedure:
Both husband and wife agree to dissolve the marriage.
They approach the court or an authorized Islamic tribunal and express their mutual desire to separate.
The court ensures that the consent is voluntary and no party is under duress.
The court then grants the divorce, ending the marital relationship.
Rights and Compensation:
Often, as part of the mutual agreement, the wife may waive her rights to maintenance (during the iddat period), dower (mahr), or other financial claims. Sometimes, the husband may offer compensation to the wife for her consent to the dissolution.
Iddat Period:
After Mubarat, the wife generally must observe the iddat (waiting period), during which she cannot remarry and which ensures that there is no pregnancy from the previous husband.
Legal Validity:
Mubarat is recognized in Muslim personal law and courts in countries where Muslim law is applicable (like India, Pakistan, Bangladesh, etc.) accept it as a valid form of divorce.
Comparison with Other Forms of Divorce in Muslim Law:
| Divorce Type | Initiated by | Consent Required | Compensation/Conditions |
|---|---|---|---|
| Talaq | Husband | No | May or may not be given |
| Khula | Wife (with consent) | Yes (husband's) | Wife may give compensation |
| Mubarat | Both husband & wife | Yes (mutual) | Often involves mutual waiver/compensation |
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