SUBMITTED BY : Amisha Gautam

CLASS: BBA.LL.b IVth sem

UID: 18BAL1099
SUBMITTED TO: Prof. Azad

DIVORCE UNDER MUSLIM LAW

Under the Muslim Law a marriage is dissolved either by the death of the
husband or wife, or by divorce. After the death of a wife, the husband may
remarry immediately. But the widow cannot remarry before a certain specified
period called Iddat expires.

Generally, both the parties to the marriage contract have an opinion for divorce,
but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take
place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She
can of course purchase her divorce from her husband and can have the marriage
dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of

Muslim Marriage Act, 1939.

Dissolution of Marriage
By Divorce:

 By Husband - 1. Talaq
2. Ila

3. Zihar

 By Wife – 1. Talaktafwid

2.Khula

3. Lian

 By mutual consent – 1. Mubalat

 By judicial decree under Dissolution of Muslim Marriage Act, 1939
Divorce by husband/wife

A Husband may divorce in the following manner-

Talaq: which is release from the marriage tie immediately or eventually.

Ila: where a husband of sound mind takes a vow that he will abstain
from all relationship from his wife.
Zihar: where husband sane and adult compares his wife to his mother or
any other female within the prohibited degrees.

A wife may divorce in the following manner-

Talaqetafwiz: talaq by the wife under the husbands delegated power.

Divorce by judicial decree under dissolution of The Muslim Marriage
Act,1939
Following are the grounds on which a marriage may be dissolved under
the Marriage Act.
Lian: Where the wife is charged with adultery and the charge is
false.She can file a regular suit for dissolution of marriage as a mere
application to the court is not the proper procedure.
Fask: The cancellation, abolition, revocation, annulment. Before the
passing of the dissolution of Marriage Act, Muslim women could only
apply for the dissolution of their marriage under the doctrine of Fask.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM
MARRIAGE ACT. 1939

A Muslim woman may file for divorce on the following

grounds-

That the whereabouts of the husband have not been known for a period
of 4 years
That the husband has neglected or has failed to provide for her
maintenance for a period of two years.
That the husband has been sentenced to imprisonment for a period of
seven years or upwards.
That the husband has failed to fulfill his marital obligation for a period of
three years.
That the husband has been insane for two years or is suffering from
leprosy or a virulent form of venereal disease.
That the husband was impotent at the time of marriage and continues to
be so.
The women, having being given in marriage by her father or other
guardian before she attained the age of 15 years, repudiated the
marriage before attaining the age of 18.
THANK YOU