Concept of Muslim Marriage and divorce


A Muslim is called a kithabi. A Muslim has to definitely marry a kithabi that is a Muslim only a Muslim male or female cannot marry any other religious person if so done they have to be converted to Islam. The Muslim marriage is nothing but a contract while in other religions it is not a contract, this contract is called the Niqhaa Nama. Dower is given by the husband to the wife in consideration to marriage which is not generally fixed and it is upon the parties to decide. To get married the terms of the contract applies that is they have to be major, free consent, proposal and acceptance, witnesses.

When it comes to divorce the Muslim is very male centric where most of the rights of divorce are given to the male in the form of Talaq where the male can just pronounce talaq which means divorce to the wife Talaq is of two types talaq ul sunnat which consists of single pronouncement of divorce during period of menstruation and talaq ul bidhat where three pronouncements are given in single period of menstruation.

The next form of divorce is by mutual consent called Khula or Mubarath where the wife asks for dissolution of marriage by making her free from the clutches of marriage for which she accepts to forgo her dower and also gives certain consideration to him. All this is done through an agreement and only when the husband gives his consent or else the wife cannot come out of the marital ties.

The next form of divorce is through civil court for dissolution of marriage on certain grounds where the wife can ask for dissolution under sec 2 of the Dissolution of Muslim Marriage act 1939 under certain grounds like impotency, cruelty, four years absence of husband, seven years imprisonment of husband etc. Demise of one spouse is automatically treated as divorce.

Lian is a form of divorce where the husband is of unsound mind through decree of court. Ila is form of dissolution of marriage where the husband takes an oath not to have sexual intercourse where the marriage gets dissolved. Zihar is form where the husband compares the wife with any prohibited degrees of relationship where the marriage gets dissolved.

After the divorce is given in the above said forms the women has to undergo a period of idhat that is the waiting period to confirm the pregnancy of the women for 4months and during this period the husband has to maintain the wife.

To conclude the concept of Muslim marriage and mainly divorce is male centric only very less rights are given to women.

By-Taruni Banda.