Dissolution of Muslim Marriage
Dissolution of Muslim Marriage
MARRIAGE
FAMILY LAW - I
TABLE OF CONTENTS
INTRODUCTION
Under Muslim law the divorce may take place by the act
of the parties themselves or by a decree of the court of
law. However in whatever manner the divorce is
effected it has not been regarded as a rule of life. In
Islam, divorce is considered as an exception to the status
of marriage.
Modes of Divorce:
However, in this case, the wife has to follow the Iddat period for four
months and ten days from the date of husband’s death.
a)Ahasan
This is the most proper form of repudiation of marriage. The
reason is twofold: First, there is possibility of revoking the
pronouncement before expiry of the Iddat period. Secondly, the
evil words of Talaq are to be uttered only once. Being an evil, it
is preferred that these words are not repeated.
Procedure to be followed in Ahasan Talaq
When the period of Iddat expires and the husband does not revoke the Talaq
either expressly or through consummation, the Talaq becomes Irrevocable
and final.
However during the period of iddat the husband can revoke the talaq.
Revocation may be express or implied. Cohabitation with the wife is an
implied revocation of Talaq. If the cohabitation takes place even once during
this period, the Talaq is revoked and it is presumed that the husband has
reconciled with the wife.
b)Hasan
This Talaq is also regarded to be the proper and approved form of Talaq. In
this form too, there is a provision for revocation. But it is not the best mode
because evil words of Talaq are to be pronounced three times in the successive
Tuhrs.
2. In the next Tuhr, there is another single pronouncement for the second time.
3. If no revocation is made after the first or second declaration then lastly the
husband is to make the third pronouncement in the third period of purity
(Tuhr). As soon as this third declaration is made, the Talaq becomes
irrevocable and the marriage dissolves and the wife has to observe the
required Iddat.
It is only after the third pronouncement that the wife observes the iddat
period and no revocation can be made post 3rd pronouncement. Revocation in
Hasan Talaq can be made only made during tuhr firstly between 1 st and
2nd pronouncement and secondly between 2nd and 3rd pronouncement.
2)Talaq-ul-Biddat
Talaq-ul-Biddat is also known as Talaq-ul-Bain. It is a disapproved mode of
divorce. A peculiar feature of this Talaq is that it becomes effective as soon as
the words are pronounced and there remains no possibility of reconciliation
between the parties thereby making it irrevocable. This form of talaq is mainly
recognized and practiced by the Sunni Muslims and is not recogised by the
Shia Muslims. Talaq-ul-Biddat maybe pronounced in single declaration or by
triple declaration.
Ingredients -
1. husband must be sane and adult
2. husband compares wife to his mother or any other female relative
within prohibited degrees.
3. then the wife has a right - a) to refuse to have sexual intercourse
with him till he has expiated himself by penance, b) to apply in court
for an order directing him for a penance or to decree her a regular
divorce.
Shia Marriage -
Comparison must have been done in presence of two witnesses.
Muta marriage may be dissolved by Zihar.
Lian - False charge of adultery - When the husband charges the wife
with adultery and the charge is false, the wife is entitled to sue for and
obtain divorce.
Impotency of husband - If the husband was impotent at the time of marriage and
continues to be so.
Insanity,leprosy, or venereal disease - For insanity, 2 yrs are required. For disease, no
time period is required.
Leprosy is no longer a ground for divorce as per The Personal laws (Amendment) Bill,
2018 which was passed by Rajya Sabha in the year Feb, 2019.
Repudiation of marriage - If the wife was married before she was 15, she can repudiate
the marriage before she turns 18.
Cruelty of husband - cruelty involves - habitual assault, associates with women of bad
repute, attempts to force her to lead immoral life, disposes off her property, obstructs her
practice of religion, does not treat all his wives equally.
Groundsallowed by muslim law - This covers all the grounds such as Ila, Zihar, Khula,
and Mubarat, which are provided by muslim law.
Section 4 of this act removes apostasy as a ground for granting divorce automatically.
However, if a woman reconverts back to her original faith, the marriage will stand
dissolved.
THANK YOU