26 September 2021
Muslim law is uncodified, thus there is no specific section under which someone can go for a mutually consented divorce.
Under the Mohammedan Law, Mubarat means a mutual release or divorce by mutual agreement. It is also a form of dissolution of a marriage contract. In mubarat the separation is mutual. The offer may be from either side, i.e, the husband or the wife. When an offer of mubarat is accepted it becomes an irrevocable divorce i.e talaq-ul-bain and iddat is necessary.
Khula is another form of divorce, which is divorce at the request of the wife. In literal sense it means laying down the rights and authority of the husband over his wife. A divorce by khula, is the divorce at the consent and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage. When the khula is effected, the husband has no power of revocation, while the wife is at the liberty to reclaim her consideration during the iddat period.