iPleaders

How Muslim Women Can Divorce Her Husband As Per The Muslim Law

January 07, 2017
30017 Views
divorce for women under muslim law

This article that’s written by Anubhav Pandey talks – How Muslim Women can Divorce Her Husband as per the Muslim Law/Shariya law.

In Muslim Sharia law or Muslim law divorce is considered to be evil but sometimes, this evil becomes necessary. Here is a detailed article on what should Muslim women do to divorce with her husband in India.


Muslim women in India can get a divorce from their husband through two customary ways-

However, divorce through personal Sharia law has to be under the scrutiny of Quazi, mostly guided under the regulations of All India Muslims Personal Law Board (AIMPLB).

Talaq-i-Tafweez

  1. Islam gave wife a right to initiate the process to come out of marital bond or seek for divorce on the grounds recognized under Muslim Law (or Shariya law). It is no more exclusive domain of a husband to end the marriage contract by unilaterally pronouncing Talaq.
  2. Though, the wife does not have a right to pronounce Talaq unless such a power is delegated to her by her husband at the time of contracting marriage, all the same she is given a right to seek divorce through intervention of Qazi (court) on the grounds pleaded by her, or by mutual consent on the terms agreed by the parties.
  3. This is the exercise of the right of divorce by Talaq by the wife through the power delegated to her by her husband who is of age at the time of the marriage or even after.
  4. The delegation of the right of divorce by the husband in favor of the wife may be conditional or unconditional. But, it is not however revocable. [1]
  5. It has also been held that the mere fact that the husband has delegated to the wife the power of pronouncement of her own Talaq did not deprive the husband of his right to pronounce Talaq.

“The doctrine of the delegation of the power of divorce is based on an incident mentioned in the Quran wherein the Prophet told his wives that they were at liberty to live with him or to get separated from him as they choose.”[2]

 

Lian

It is an allegation of adultery to the wife by the husband who entitles her to file a suit for dissolution of the marriage and get a divorce if she proves the charge to be false. According to the Muslim law, till a decision is passed by the Judge, the marriage subsists and there are mutual rights of inheritance if, either should happen to die before the decree is passed.

 Here is the procedure of divorce under Muslim law of Lian-

This was the procedure on how to get a divorce from husband by Muslim women in India by the method of Lian.

Remarriage: The remarriage of the couple whose marriage is dissolved by Lian is perpetually prohibited. There is total prohibition of remarriage.

Dissolution of Muslim Marriage Act,1939

Tafweez and Lian are not the only two modes which confer on the Muslim wife the right to seek divorce and that too through the instrumentality of the Court. Impotency of the husband has also been recognized as a ground for dissolution[4].

On no other ground, however valid or reasonable it may be, the Muslim law allows the Muslim women to snap the marital tie on her own accord. It is in order to relieve the Muslim women from the miseries of misfit marriages, the Dissolution of Muslim Marriage Act 1939 came into existence. Both the customary obligations and statutory obligations are put forwarded on a parallel plane before granting a divorce.

As per the rules, here are the ways in which a Muslim woman in India can divorce under Dissolution of Muslim Marriage Act, 1939 –

click above

Conversion of Muslim Women, Not an Absolute Ground for Divorce Under Muslim Law

The renunciation of Islam by a married Muslim woman of her conversion to a faith other than Islam does not by itself dissolve her marriage, provided that after such renunciation, or conversion, the woman will be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned above. Provided further that, this will not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

There is yet another provision for divorce under Muslim law-

Zihar: This is a mode in which the husband compares his wife to his mother or any other female within prohibited degree giving the right to the wife to refuse herself to her husband until he makes an expiation and in default to apply for a judicial divorce from the Qazi. This form of divorce is unknown in this country and no case of Zihar has come before Courts in India.

Kula: This form of dissolution of Muslim marriage is based upon consensus between the party where the initiative comes from the wife who pays some consideration to the husband to secure his consent by relinquishing her mahar wholly or in part.

Suggestive Read: Muslim laws for women

Rights of Muslim Women After Divorce

A divorced woman is entitled to –

Common Mistakes which Muslim Women Do After Getting a Divorce

  1. Don’t panic: After pronouncing of talaq, there is a particular period of Iddat for 3 menstrual cycle or 3 lunar months or the entire duration of pregnancy until the child is delivered. In that period of Iddat the wife has the right to stay at her husband’s house and even claim maintenance.
  2. Women should not at once borrow money from her parents. She should try to get a credit card as if the divorce is eventually happening. Husband’s liability in that credit will exist if not for full then for most of the part.
  3. Do not commit Adultery: Women out of emotional imbalance often fall into this trap. Mostly it is found that men seeking divorce often come in sexual relation with other women during the period of Iddat, just to make sure that their wife commits adultery and much proper ground for divorce is established. [6]

That’s all about How Can Muslim Women Divorce With Her Husband as per the Muslim law. What do you think, are Muslim women equally empowered to grant divorce as described in the Muslim law or there is another side of the coin we’re yet to see?  Comment  below. And yes, Don’t forget to Share.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.
 

 

References:

[1] MANU/JK/0455/2015, Mohd.Naseem Bhat V Bilqees Akhtar and Ors
[2] Carroll Lucy and Kapoor Harsha, “Talaq-i-Tafwid: The Muslim Woman’s

Contractual Access to Divorce”, Published by Women Living Under Muslim Laws in 1996,
[3] Justice, Kader,S.k, “Dissolution of Muslim marriage and remarriage of the divorced couple”,  (2004) 1 LW (JS) 41
[4] Altafen v. Ebrahim (27 All. L.J. 811)
[5] MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986
[6] http://timesofindia.indiatimes.com/life-style/relationships/man-woman/6-mistakes-women-make-in-a-divorce/articleshow/19033796.cms

Exit mobile version