Divorce (Mutual Consent)

Divorce, known as “Talaq” in Islam, is a significant but sometimes necessary step in the lives of Muslim couples. It represents the dissolution of the marital contract and the termination of the marital relationship between a husband and wife. While divorce is discouraged and considered the least favored option in Islam, it is allowed under specific circumstances as outlined in Islamic jurisprudence.

“If there is any trouble or harm in marriage, the best thing is that the husband should realize that his wife will not change her nature and that it is not possible to make her change her nature.” (Sahih al-Bukhari)

This Hadith suggests that if a marriage is causing harm or is incompatible to the extent that it cannot be resolved, divorce may be considered as a last resort.

Dissolution by Mutual Consent in Islamic Law:

Definition: A form of divorce in Islamic law where both husband and wife mutually agree to terminate the marriage.

Origin: Derived from the Arabic root ‘bara’a,’ meaning ‘to free oneself’ or ‘to cast off,’ signifying mutual release.

Key Distinction: Differs from ‘Talaq’ (unilateral male repudiation) and ‘Khula’ (wife initiating divorce with consideration).

Historical Context: Sanctioned by the Quran (2:228-230) and Sunnah, emphasising fairness and mutual agreement.

Application: Increasingly sought for amicable separation, avoiding prolonged legal disputes and promoting peace.

The Legal Framework and Process:

Mutual Agreement: Requires explicit, free, and voluntary consent from both husband and wife, without coercion.

Consideration (Iwad): Typically involves the wife returning the dower (mahr) or a mutually agreed-upon consideration, though this is negotiable.

Irrevocability: Once pronounced and accepted, Mubara’at is usually an irrevocable divorce (Talaq-e-Bain), meaning the couple cannot remarry without a new contract.

Formal Declaration: Often involves a formal declaration by both parties, ideally in writing or before witnesses, affirming their mutual desire to separate.

‘Iddah Period: The wife must observe a ‘Iddah (waiting period) of three menstrual cycles (or three months if no menstruation) before remarrying.

UK Context: While not legally binding as a civil divorce in the UK, Mubara’at is recognised within Muslim communities and often pursued alongside a civil divorce through Sharia councils or arbitration services.

Fees:

Our pricing is all-encompassing, with no hidden fees or extra charges. Payment is due at the time of application submission. If any supplementary services are needed, the Council will bill the applicant in accordance with its established policy.

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