A strong marriage between the husband and wife creates a good family life. Islam, therefore, mandates that marriage must last and forbids breaking the vows made during matrimony. No marriage is initially intended to be dissolved, but due to terrible events, the matrimonial union gets broken. Divorce in Islam is one means of achieving such dissolution.
According to Muslim law, a divorce may be granted by the spouse’s own decision or by a court order. Whatever the method of divorce, it hasn’t been accepted as a social norm. Divorce is regarded as an exception to the status of marriage in Islam.
However, divorce under Muslim law is categorized into two types:
- Extrajudicial divorce
- Judicial Divorce
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Extrajudicial divorce:
In this category divorce in Muslim law is further diversified into three types:
Divorce is given by the husband-
In a contract of marriage, both husband and wife typically have equal particular rights. The husband’s right, however, is far greater than the wife’s under Islamic law. The spouse has the power to end the marriage whenever he wants to. There are several ways a husband can get divorced
Talaaq: This term refers to instantly or gradually “letting go” from the marriage knot.
Ila: the place where a sensible husband swears off all types of relationships with his wife.
Zihar: it is the act of a rational, grown-up husband comparing his wife to his mother or any other lady who is involved in a forbidden relationship.
Divorce has been given by the wife:
Without the consent of her husband, a wife cannot obtain a divorce. In fact, she has the right to divorce her husband and requests that Tafweez break their union.
Character assassination occurs when a spouse falsely accuses his wife of being unchaste or unfaithful. If so, the wife has the ability to ask for a divorce on these grounds.
Divorce by mutual consent of the couples:
In this divorce takes place with the mutual consent of both husband and wife. In accordance with Muslim law, a divorce is only granted when both the husband and wife are willing to end their unsatisfactory relationship and separate permanently.
Judicial divorce:
The Dissolution of Muslim Marriage Act, 1939 allows for the dissolution of marriage by judicial order as well. According to this Act, a woman may request a divorce on any of the grounds listed in the Act through a court order. The Act only applies to wives who were wed in accordance with Muslim law.
Under the Dissolution of a Muslim Marriage Act of 1939 or the Muslim divorce act, women were given the right to divorce, by which a Muslim wife may seek a divorce on the following ground:
It has been 4 years since the husband’s whereabouts has been unknown by which women can seek a divorce.
When the couple got married, the husband was and still is important.
The spouse has been in breach of his marital duty for three years.
The woman, who had been given in marriage by her father or another adult guardian before turning 15 years old, repudiated the union before turning 18.
That the husband has been given a prison term of at least seven years.
For a period of two years, the husband ignored or failed to pay for her maintenance.
That the husband has leprosy, a severe form of venereal disease, or has been mentally sick for two years.
However, it is best to have legal advice from a skilled divorce lawyer who can guide you through such circumstances and assist you in your divorce matter, lead India has a team of the best Muslim divorce lawyer available for your help. Feel free to reach us out
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