Amanbeer Chhabra, Jindal Global Law School
1. Introduction
1.1. Within the Islamic community, divorces have always been a controversial subject. The Muslim man’s right to divorce has always seemed to be at a pedestal than that of a Muslim woman’s right to divorce. There exists an unfounded discrimination between both genders when it comes to their right to divorce. This paper will strive to achieve and elaborate what the different ways are for a Muslim man and woman to divorce and show the inherent bias that the Muslim man holds with regards to his right to divorce in the practical approach. And show how the Islamic law and its origination is equal towards man and woman but has been altered in the practical approach to favour the men. It is like what Mohammed Ali said, "Divorce is one of the institutions in Islam regarding which misconceptions prevail so much so that even Islamic law, as administered in the courts is not free from their misconceptions" Islam emphasizes that men and women are equal in several respects.
1.2. Understanding the different ways, a marriage can be dissolved is essential. Divorce initiated by the husband is referred to as talaq, while divorce initiated by the wife is referred to as khula. It is referred to as mubaraa when divorce takes place through mutual consent. Under certain circumstances the wife may move to a Qazi or court to release her from the marital tie, which is termed as Faskh.
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