Answer By law4u team
Divorce under Muslim law is governed by Islamic principles and can be initiated by either the husband or the wife, but the procedures and rights differ for both parties. Below are the key aspects of divorce under Muslim law: 1. Talaq (Divorce by Husband): Talaq is the most common form of divorce, where the husband pronounces the divorce by saying "Talaq" (meaning "I divorce you") three times. This can be done in one sitting (revocable) or over a period (irrevocable) depending on the circumstances. The wife is entitled to mahr (dower) and iddat (waiting period), which is typically three menstrual cycles or three months. 2. Talaq-e-Tafweez (Delegated Divorce): In this case, the husband delegates the power of divorce to the wife, allowing her to initiate the divorce process. 3. Khula (Divorce by Wife): A wife can seek a divorce through Khula, where she asks the husband for a divorce. She may have to return the mahr or compensate the husband in some way. It requires the husband’s consent unless the court intervenes if the husband refuses. 4. Faskh (Annulment of Marriage): A wife can seek annulment through Faskh by approaching a court if the husband fails to fulfill his marital obligations, such as providing maintenance, or if the marriage is deemed invalid due to specific reasons like non-consummation. 5. Iddat (Waiting Period): After a divorce, a woman must observe a waiting period called iddat, which ensures that she is not pregnant, and if she is, it helps establish paternity. During this time, she cannot remarry. 6. Judicial Divorce: Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, a woman can approach a magistrate for maintenance after divorce, including during iddat. 7. Divorce under Special Marriage Act (for Interfaith Marriages): If a Muslim woman marries under the Special Marriage Act, the divorce procedure is governed by the provisions of the Act, not Islamic law. Divorce under Muslim law can vary based on personal belief, the school of thought followed (Hanafi, Shafi, Maliki, or Hanbali), and whether the marriage was registered or unregistered.
