Talaq Under Muslim Law With Emphasis On Talaq-Ul-Biddat And Khula
- IJLLR Journal
- Mar 2, 2023
- 1 min read
Introduction
Muslim weddings are legally binding contracts, unlike most other marriages. A legal contract known as the nikah1 is usually signed after the proposal and acceptance phases of the marriage procedure. The nikah is performed in front of an Imam and serves as a binding contract between the bride and husband. The contract details each party's rights and obligations, including the groom's financial responsibility to the bride (referred to as the mahr) and the circumstances under which the marriage may be annulled. Additionally, this "contract" is terminable. In Islam, a marriage (nikah) may be annulled in one of three ways:
1. Talaq: Talaq is a way for the male spouse in a marriage to end the union on his own.
2. Khula: In Islam, the second type of divorce is known as a khula. According to Khula, the dissolution is started by the ladies and can only be completed with the husband's approval. In some cases, the husband has already given his wife permission to end the marriage on her own, in which case she may do so formally.
3. Mubarat: Mubarat is a process of dissolution in which both partners agree to end the marriage. Mubarat originally meant to be freed from one another. Both parties in Mubarat are seeking a divorce, and either husband or wife may make the first move.
