ILA, ZIHAR, KHULA & MUBARAT
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Muslim religion was the first religion in the world which introduced the concept of a divorce. According to Quran, it is a most hateful sin but it is recognised by Muslim religion and Muslim religion gives wide powers to husband to dissolve his marriage by giving divorce to his wife. In this religion, a female has very limited powers to dissolve the marriage by divorce. Muslim law provides various modes of Talaq and parties can give talaq through any of these modes and these modes are:-
• Ila:- This mode of talaq is not in practice in India but in this mode, husband does not pronounce the formula of divorce. He does not use the word talaq. But he swears that he will not have sexual intercourse with his wife. In this he swears that he has nothing to do with his wife and he abstains himself from her society. But for a valid Ila, husband must be of sound mind and major. If after swearing, he does not have sexual intercourse with his wife for four months or more then a marriage is dissolved with the same legal result as if there had been an irrevocable divorce pronounced by the husband.
But according to Ithna Ashari and Shafei school, it does not result in talaq but it gives the right to wife and she is entitled to apply to court for passing a decree of dissolution of marriage.
According to Muslim religion, if husband resumes the sexual intercourse with his wife within the period of four months then the Ila is cancelled.
• Zihar:- According to Muslim religion, if husband is of sound mind and major and he compares his wife with his mother or other female within a prohibited degree then in such a case the wife has a right to refuse to cohabit with him until he performs a penance. It is an incomplete divorce and it does not of itself terminate the marriage.
It gives two rights to wife. Either she can refuse to cohabit with him until he performs a penance or she can apply to the court for passing a decree of dissolution of marriage. According to Muslim law, if a husband compares his wife with his mother and after this he becomes ready to perform the penance then he has to free a slave or a fast for two months or feed sixty poor persons. But if he fails to perform a penance then wife is entitled to get the divorce.
In Shia law, the concept of divorce is not applicable in case of a Muta marriage but it can be dissolved by Zihar.
• Khula:- In Muslim religion, the term “Khula” means “To put off”. It is also known as ‘divorce by purchase’. In this mode, wife makes an offer to her husband and asks him to give her divorce and in lieu of divorce she will pay consideration to him. So, in this mode of talaq, offer is given by wife and husband accepts that offer.
According to Muslim law, as a general rule, consideration is to be paid immediately to the husband but if a wife makes an offer and husband accepts that offer then marriage is dissolved immediately even if consideration has not been paid to the husband. If, wife after divorce does not pay the consideration to her husband it does not affect the divorce and does not invalidate the divorce. But husband has right to claim the consideration and he can file a suit
For Khula, the husband and wife must be of sound mind and major and offer and acceptance must be made with free consent of the parties. If offer and acceptance has been made with free consent and offer has been accepted by husband then divorce becomes an irrevocable divorce and wife is bound to observe iddat.
• Mubarat:- It is also a form of dissolution of marriage. According to Muslim religion, if both the parties do not want to live with each other and they do not want to perform their matrimonial obligations then by mutual consent they both can breach the tie that is they can dissolve the marriage. In this mode of the talaq, offer can be made by any party that is either husband or wife can make an offer and if one party makes an offer then another party accepts that offer. In this mode, the question of consideration does not arise because both parties dissolve the marriage by mutual consent
If either party makes an offer and other party accepts the offer then divorce becomes an irrevocable divorcee and wife is bound to observe the iddat.