What are the modes of divorce?

Though the divorce is the most detestable, divorce is allowed by the laws or by the decree or by the order of the court. Modes of divorce here mean the ways by which a wife or a husband makes their divorce effective. A Muslim male or female may divorce by the following ways;

A. By the death of the husband or wife; or

B. By the acts of the parties;

A. By the death of the husband or wife: If the husband or wife is death during the time of their marriage, the marriage becomes dissolved (divorce). Anyone of the party of the marriage is death the marriage tie break between the parties.

B. By the act of the party: If the husband or wife does not die during the time of their marriage, the marriage remains effect as a valid marriage in the eye of law. Anyone of the parties of the marriage may divorce one another. This divorce may either by husband or by the wife or by the Court.

1. By the husband: A husband may divorce his wife by following ways ;

i. Talak;

ii. Illah;

iii. Zihar;

i. Talak: Talak means repudiation of marriage by the husband. The root of talak is derived from the word talaka. The word talaka means “to release an animal from leash”. So the word talak means to release his wife from the marriage tie. Talak is directly lies on behalf of the husband. Every sound mind, major according to Majority Act are permitted to talak his wife permanently. Talak may be of three kinds;

a. Talak e Ahsan; Single pronouncement of divorce during a tuhar.

b. Talak e Hasan; Three pronouncements during the successive tuhars. &

c. Talak ul Badaai; Three pronouncements during a single period of tuhar.

ii. Illah: Illah means swear. When a husband swear that he will not continue sexual intercourse with his wife and keep distance from his wife, the divorce becomes effective. As a form of divorce illah is effected by keeping distance from sexual intercourse for a period of not less than four months according to the swear.

iii. Zihar: Zihar is a form of immature divorce. Zihar means compare one’s wife with such a woman who is included with consanguinity or blood relatives. If the husband compare his wife with his mother or any other woman the wife has a right to refuse her marriage with his husband. If the wife wants to break the marriage tie she may do so, or if the wife wants forgive her husband from such an offence she may also do so. The power of dissolution of marriage is in the hand of the wife.

2. By the wife: A husband may divorce his wife by ;

i. Talak e tawfiz;

i. Talak e tawfiz: Primarily the power of the divorce is absolutely belongs to the husband. But Talak e tawfiz gives a Muslim woman right to dissolve her marriage with her husband without going to the court based on some grounds. If the wife wants to delegate the power to any other person she may do so. The wife has to proof why she wants to dissolve the marriage tie with her husband, if the wife provide enough proofs then she will be entitled to divorce her husband.

3. By the mutual consent: Both parties together are entitled to divorce one another by the mutual consent. According to Muslim law a marriage may be dissolved either by the husband or by the wife or by the mutual consent. Hera under mutual consent both parties have right to represent themselves on the grounds on which they want to dissolve their marriage tie.

According to Mulla, “A marriage may be dissolved not only by talak, which is the arbitrary actof the husband, but also by agreement between the husband and the wife”.

Dissolution of marriage by the way of mutual consent may be either by;

i. Khula;

ii. Mubarah;

4. By the court: Where both parties or one party of the marriage contract, are/is aggrieved and wants to divorce one another but don’t follow any way of the above mentioned forms, the court may interfere between them on the matter of divorce. The court may give it’s own order/decree for dissolving the marriage on following grounds;

i. Lian;

ii. Faskh;

iii. Apostasy;

Written With The Help Of Refference Book:

1. Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

2. Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

3. MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

4. Text Book On ISLAMIC LAW