4 Different Types of Divorce in Islam

 

 

Divorce is the legal termination of a marriage contract between two spouses. In Islam, divorce can take various forms, depending on the circumstances and the parties intentions. In this blog post, we will discuss four main types of divorce in Islam:

1.      Talaq

2.      Khula

3.      Mubarah (Mubaraat)

4.      Faskh.

 

1.      Talaq

Talaq is the most common type of divorce in Islam, where the husband initiates the divorce by pronouncing the word "talaq" (meaning "you are divorced") to his wife. Talaq can be revocable or irrevocable, depending on how many times the husband says it and whether he intends to end the marriage permanently or not. A revocable talaq allows the husband to take back his wife during a waiting period (Iddat) of three menstrual cycles, without a new marriage contract or dowry. An irrevocable talaq occurs when the husband says "talaq" three times in one sitting or when he says it once with a clear intention of ending the marriage.

 

2.      Khula

Khula is a type of divorce where the wife initiates the divorce by offering to pay back her dower amount (Haq Mehar) or some other compensation to her husband in exchange for her freedom. Khula is based on the Quranic verse 2:229, which states: "It is not lawful for you (men) to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, there is no sin on either of them if she gives back (Mehar or a part of it) for her al-Khula." Khula is considered a mutual divorce, where both parties agree to end the marriage amicably.

This kind of divorce is granted by an Islamic Court or judge (Qadi or Qazi), so the wife files an application before the Court for this.

3.      Mubarah (Mubaraat)

Mubarah is another type of mutual divorce, where both spouses agree to divorce each other without any compensation or blame. Mubarah is based on a hadith (narration) of Prophet Muhammad (peace be upon him), who said: "If a woman dislikes her husband's manners (or character), she may give back his garden (Maher) and he should divorce her." Mubarah is considered a peaceful and respectful way of ending a marriage that has become unbearable for both parties.

4.      Faskh

Faskh is a type of divorce that is granted by an Islamic court or judge (Qadi or Qazi), based on valid grounds such as cruelty, abuse, impotence, apostasy, desertion, insanity or adultery. Faskh is also known as Tafriq or dissolution of marriage. Faskh is usually sought by the wife when she has no other option to end an oppressive or harmful marriage. Faskh may involve an annulment of the marriage contract or a cancellation of the husband's rights over his wife.

To Summarize!

These are some of the different types of divorce in Islam that reflect the diversity and flexibility of Islamic law and ethics. Divorce in Islam is not encouraged or taken lightly, but it is allowed as a last resort when marital harmony cannot be achieved or maintained. Divorce in Islam should be done with justice, kindness and dignity, respecting the rights and responsibilities of both spouses.

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.................Advocate Afshan Saleem