In Islamic Law Women have Given These Rights To Divorce But Not Patriarchal Society

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In Islamic Law Women have Given These Rights To Divorce But Not Patriarchal Society
In Islamic Law Women have Given These Rights To Divorce But Not Patriarchal Society

Instant “Triple Talaq” or “Talaq-e-Biddat” is an Islamic practice that allows men to divorce their wives immediately by uttering the word “talaq” (divorce) thrice. The pronouncement could be oral or written, or, in recent times, delivered by electronic means – telephone, SMS, email or social media.

Extrajudicial divorce is when it depends upon the will of husband or wife or when it is by mutual agreement. There are different rights provided to wife and husband. Generally, rights to give divorce are given to husband only, the wife is at very lower pedestal regarding the right to divorce but Dissolution of Muslim Marriage Act, 1939, wife has also been provided with some rights. Extrajudicial divorce is divided into several parts:

  • By Husband- Talaq, Ila and Zihar.
  • By Wife- Talaq-i-tafweez, Lian.
  • By Mutual Agreement- Khula and Mubarak.

    types of islamic talaq
    types of islamic talaq

By Wife

Talaq-i-tafweez

  • Also known as delegated divorce (recognized among both, the Shias and the Sunnis). The Muslim husband is free to delegate his power of pronouncing divorce to his wife or any other person. He may delegate the power absolutely or conditionally, temporarily or permanently.
  • A permanent delegation of power is revocable but a temporary delegation of power is not. This delegation must be made distinctly in favour of the person to whom the power is delegated, and the purpose of delegation must be clearly stated.
  • It should be noted that even in the event of a contingency, whether or not the power is to be exercised, depend upon the wife she may choose to exercise it or she may not. The happening of the event of contingency does not result in automatic divorce.

    Talaq-i-tafweez
    Talaq-i-tafweez

Lian

  • If the husband levels false charges of unchastity or adultery against his wife then this amounts to character assassination and the wife has got the right to ask for a divorce on these grounds. Such a mode of divorce is called Lian.
  • However, it is only a voluntary and aggressive charge of adultery made by the husband which, if false, would entitle the wife to get the wife to get the decree of divorce on the ground of Lian.

By Mutual Agreement

Khula

  • A Muslim woman has a right to ask for a divorce if she does not desire to live with her husband even where he is not at fault. It may be dissolved by an agreement between the husband and the wife called khula. In accordance with the terms and conditions between the husband and the wife, the wife may agree to relinquish part or whole of her dower amount or any other benefit that may be agreed upon between the two.
  • Once the offer is accepted by the husband it operates as an irrevocable divorce. However, a woman may not compel her husband to give her divorce under khula and even a suit to that effect is not maintainable in law.
  • It is only the husband or his agent who may agree to khula and neither the court nor the qazi is competent to do it. Once a khula has been accepted by the husband and affected, the husband has no power to cancel it on the ground that the consideration has not been paid and his remedy is to sue the wife for it.

    muslim talaq
    source:-internet

Mubarat

  • Mubarat is also a form of dissolution of the marriage contract. It signifies a mutual discharge from the marriage claims. In mubarat the aversion is mutual and both the sides desire separation. Thus it involves an element of mutual consent.
  • In this mode of divorce, the offer may be either from the side of wife or from the side of the husband. When an offer mubarat is accepted, it becomes an irrevocable divorce ( talaq-ul-bain) and iddat is necessary.

Even with the advent of such legislation wives are not on the same pedestal with husband. They have not been provided same right so due to such procedure it is always unfavourable to wife. On the instances of delegated power of divorce, Faizee observes, “this form of delegated divorce is perhaps the most potent weapon in the hands of a Muslim wife to obtain freedom without the intervention of any court and is now beginning to be fairly common in India”.

 

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