Dissolution of Marriage Under Muslim Law

The concept of dissolution of marriage under Muslim law is pretty simple. Muslim marriage can be dissolved in case of apostasy, death of any party, by divorce either by the husband, his wife, or by mutual consent, with or without proving any fact. It is their will to live with each other in a relationship. Different types of talaq under Muslim law are also mentioned and a divorce conclusion is also given in the end.

Dissolution of Marriage

Dissolution means termination of the relationship between husband and wife. The whole concept of dissolution of marriage under Muslim Law is explained in detail.

Grounds for Dissolution

There are no specific grounds for the dissolution of marriage, a marriage can be dissolved with or without any ground. The following mentioned circumstances can be the grounds for dissolution of marriage.

• Option of Puberty: If a person (male or female) was married under the age of a minority, he/she has a right to dissolve their marriage after attaining the age of puberty.
• Physical or Mental Disability: Any disability to a man or woman can be the ground for dissolution e.g. gay.
• Illa: It means ‘Vow’ husband swears that he will not get himself into sexual intercourse with his wife for consecutively four months.
• Zihar: Zihar means husband considers his wife as the prohibited degree of relations e.g. mother, sister.
• Lian: Lian means a slanderous accusation, like a husband charges his wife with adultery.
• Other grounds for dissolution of marriage can be maintenance, cruelty or desertion, Absence of husband, etc.

Forms of Dissolution

There are three forms of dissolution of marriage:

• Divorce
• Apostasy
• Death

1. Divorce

Divorce means release from confinement, it is also known as ‘Talaq‘ which means ‘get rid of’. Talaq in Muslim law is the method to end the relationship between husband and wife, it can be written or oral, it is the most common method of dissolution. Under Muslim law divorce, both husband and wife can seek divorce by their personal consent or by mutual consent.

kinds of talaq under Muslim law are:

i. By Husband

ii. By Wife

iii. By Mutual Consent

i. By Husband

This is the first kind of divorce under Muslim law. Dissolution of marriage by the act of the husband includes willingness for dissolution by only the husband, with or without any ground.

Divorce under Muslim Law has further these kinds:

a. Talaq e Sunnah

Talaq e Sunnah is the most effective and reliable form of divorce in Muslim law in accordance with the traditions given by the Prophet MUHAMMAD (S.A.W).

Talaq under Muslim law is divided in two types:

Talaq e Ahsan

Talaq e Ahsan is the most reliable and approved form of divorce, it can be explained as:

• marriage must be complete,
• it will be a verbal divorce,
• a single pronouncement is made during the time of ‘Tuhr’ (Tuhr means the time when the woman is free from the menstrual cycle),
• woman’s iddat will start and she will complete her iddat in the husband’s house,
• there must not be sexual intercourse during Iddat,
• after the period of ‘iddat,’ the marriage will be dissolved and it becomes irrevocable,
• it is revocable in case of sexual intercourse before the completion of Iddat,
• if the wife is beyond the age of menstruation or old age, or they are living apart, it can take place during the menstrual cycle.

Talaq e Hasan

Talaq e Hasan can be explained as:

• marriage must be complete,
• it will be a verbal divorce,
• husband pronounces the word ‘Talaq‘ successively during three successive tuhrs,
• first and second pronouncements are revocable by sexual intercourse,
• it becomes irrevocable after the third pronouncement,
• iddat starts after the third pronouncement and shall have no influence on divorce.

b. Talaq e Biddah

In this kind of talaq in muslim law husband pronounces “I give you divorce” three times or “I Give you divorce three times” at once in the same meeting, the marriage will be dissolved. It is irrevocable after its pronouncement. Only a major and sound-mind husband can pronounce divorce to his wife. Divorce pronounced under coercion or threat is valid under Sunni Law but invalid under Shia Law.

ii. By Wife

In talaq, Muslim law wife can also seek divorce from her husband on any ground mentioned in section 2 of the Dissolution of Muslim Marriage Act 1939.

Judicial Divorce

Judicial divorce is also known as “Tanseekh e Nikah“. In tanseekh e nikah in Islam, the wife can file a suit in the Court for judicial divorce where her husband is not willing to divorce her, or on any other ground, she needs to prove the ground on which she filed such suit.

iii. By Mutual Consent

In this type of divorce, dissolution is made by the consent of both parties. It includes:

a. Khulah

In Khulah the wife makes a proposal for the dissolution of marriage by the consent of her husband but does not get her dower. Nothing needs to be proved in Khulah. Iddat period is also observed.

b. Mubarat

In Mubarat a proposal for dissolution can be made by any party and after its acceptance divorce becomes irrevocable. Iddat period is observed in it too.

c. Talaq e Tafveez

It is a type of dissolution where an agreement is signed by the husband and wife that on happening of a certain event, the wife can get her divorce by her husband like a second marriage, etc. It does not dispossess the power of the husband to pronounce divorce.

2. Apostasy

Apostasy means when either a Muslim man or woman changes his/her religion to any other religion, their marriage will be terminated. Under Muslim Law such an apostate is liable to death(if he is a man) or imprisonment for life(if she is a woman).

3. Death

The marriage will be automatically dissolved in case of the death of any party to the marriage.

Concept of Halala

Halala under Muslim Law is a concept of remarriage after the dissolution of marriage, between the same parties a ‘man’ and a ‘woman’. To perform Halala a person (male) has to get married to another woman and give divorce to her. After the breakup of his second relationship, he can marry his first wife.

Conclusion

The dissolution of marriage under Muslim law is pretty simple. Muslim marriage can be dissolved in case of apostasy, death of any party, by divorce either by the husband, his wife, or by mutual consent, with or without proving any fact. It is their will to live with each other in a relationship.

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