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Bhim Bhardwaj   06 April 2019

Divorce under Muslim Law

How can a Muslim husband obtain a divorce from his wife as there is no statutory provision in this regard?


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 1 Replies

Sharmishta P Raj (nil)     19 February 2022

To begin, Muslim husbands are permitted to divorce their wives under Shariat law (Islamic law), which allows them to get a: 
1. Talaq - A single declaration (Talaq-ul-Ahsan) or a triple declaration (Talaq-ul- Hasan) by the husband.
2. Ila- This is a sort of a constructive divorce. According to Shafie law, fulfilling such a vow does not automatically result in divorce, but it does give the wife the right to seek judicial divorce.
3. Zihar- This is a pending divorce. If the husband compares his wife to another woman, within her permissible limits, the wife has the right to refuse to marry him until he makes amends. If the marriage cannot be ended through penance, the wife has the right to seek judicial divorce. There have been no reports of Zihar in India. Nonetheless, the law of Zihar is now formally recognized under Section 2 of the Shariat Act of 1937.
However, the above-mentioned forms of divorce have been declared unconstitutional by the Hon'ble Supreme Court of India, as there have been instances where the "Talaq" was not fair to the wife.
Thus, the answer to your question is- A Muslim husband can divorce his wife through judicial separation under the Dissolution of Muslim Marriage Act of 1939 or the Dissolution of Marriage Act of 1934 before a family court by informing his wife of the reason for the divorce.
I hope I answered your query appropriately.
Thank you!


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