There are various modes available under Muslim law for the dissolution of marriage. Some of them are mentioned below:
By the husband: There are four modes at the disposal of the husband to get talaq from his wife.
- Talaq-ul-Sunnat: This mode of talaq is efficacious analogously with the beliefs and ideas entrenched by the Prophet. It is also known as Talaq-ul-raje. This mode of talaq is considered an accepted form of talaq and recognized by both Sunni as well as Shia Muslims. It is further divided into:
- Talaq-e-Ahsan: This is considered as the most suitable type of repudiation of marriage mostly because in this case the decision of talaq can be revoked before the iddat period escapes. Also, the word ‘talaq’ is uttered only once in this case.
- Talaq-e-Hasan: This too is an approved form of talaq and the very word needs to be repeated thrice in this case in successive periods after the menstrual cycle. In this case, there is a provision for revocation of the decision which needs to be made after the first or second tuhr(purity period).
- Talaq-ul-Biddat: It is also known as Talaq-ul-Bain and is a condemned mode of divorce under Muslim law. This mode of divorce is mainly recognized and practiced by the Sunni Muslims. A distinctive characteristic of this divorce is that as soon as the words of ‘talaq’ is pronounced by the husband, it comes into effect and there stands no chance of reconciliation between the parties. In other words, the decision becomes irrevocable.
However, in a judgment given by the Hon’ble Supreme Court in the year 2017 in the case of Shayara Bano v. Union of India & Ors. declared the practice of triple talaq as unconstitutional as it was violative of Article 14 under the Indian Constitution.
lla: Ila is a mode of divorce wherein a husband who is of a sound mind takes an oath to refrain from any kind of sexual intercourse with his wife. Post taking such an oath, there is no consummation for a time period of four months. Once the fourth-month lapses, the marriage becomes irrevocably dissolved. However, if the husband indulges in any sexual intercourse with his wife within the time-frame of four months, Ila is called off and marriage is not dissolved. Nevertheless, the Ila form of divorce is not practiced in India.
Zihar: This is a mode of divorce which is obsolete in itself. In this, the husband having a sound mind, and having attained the age of 18 years when compares his wife to his mother or sister (his prohibited relationship), the parties to the marriage don’t cohabit for a time-frame of four months. Once such a time period is over, Zihar is complete i.e. the marriage dissolves.
By the wife
Talaq-e-tafweez: This is the only mode of divorce through which a wife gets the liberty to divorce her husband. It is recognized by both the Shia Muslims as well as Sunni Muslims. It is also known as a delegated form of divorce as the husband, in this case, is at his own liberty to delegate the power to pronounce talaq to his wife or someone else. It is pertinent to note that the delegation when made to the concerned person should be done exquisitely and the impetus for doing so must be clear. There are two conditions under which the wife can attain talaq in this case: (i) when the husband remarries and gets another wife (ii) the husband is not able to maintain his wife or some other circumstance which is not in defiance with public policy.
By Mutual Consent
Khula: When the mutual relationship between the husband and wife gets strained, the wife, if she wishes so, may seek a Khula divorce. In other words, she relinquishes her claim to the dower. It, thereafter, depends on the husband to receive the consideration of dower and concede to divorce. Similarly, the husband may also propose a Khula mode of divorce, if he wishes so. It is on the wife’s decision to accept or refuse it. It is considered to be a ‘redemption’ of the marriage (a contractual obligation) between the parties.
Mubarat: Mubarat in Muslim law denotes mutual dismissal from the marriage claims. The abhorrence in this case towards each other is mutual and both the parties yearn for separation. This is an irrevocable form of divorce. Idda,tin this case, is necessary to be followed by the wife and she is entitled to maintenance. When the parties to the marriage go for Mubarat, all mutual rights and obligations cease to operate.
Lian: Under Lian, the wife can sue her husband and obtain a divorce for accusing her of wrong charges of adultery. For attaining divorce, she needs to file a regular suit under the Dissolution of Marriage Act, 1939 for dissolution of the marriage. It is essential that for this case that the marriage between the parties should be sahih and not fasid. Later, the husband is left with two choices – either to retract the false charges before the trial ends wherein the divorce does not take place or accuse his wife on oath that she committed adultery. A prerequisite condition for this is that the husband needs to be of sound mind and must have attained the majority.
Faskh: The law of Faskh is founded upon the Holy Koran. Faskh, in other words, means annulment. When the husband and wife find it difficult to cohabit together, they approach the court of law. In this case, the Kazi (law courts in India) has the power to carefully examine the case of the husband and wife and cease the marriage.
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