Under Islamic Law, a marriage (Nikah) is a civil contract that can be dissolved by the husband, by the wife, or through mutual consent.
1. Dissolution by the Husband: Forms of Talaq
- Talaq-ul-Sunnat (Approved Forms):
- Talaq-e-Ahsan: A single pronouncement of talaq during a period of purity (*Tuhr*), followed by abstinence during the *Iddat* period (90 days). Revocable during Iddat.
- Talaq-e-Hasan: Three pronouncements made during three successive *Tuhrs* with no intercourse. Becomes irrevocable on the third pronouncement.
- Talaq-ul-Biddat (Triple Talaq): Three pronouncements (Talaq, Talaq, Talaq) in a single breath. Immediately irrevocable.
📜 Shayara Bano v. Union of India (2017): The Supreme Court declared Triple Talaq unconstitutional and arbitrary under Article 14. Banned and criminalized by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
2. Dissolution by the Wife
- Talaq-e-Tafweez: Delegated divorce, where the husband delegates the power of divorce to the wife in the marriage contract (*Nikahnama*) under specific conditions.
- Khula: Divorce initiated by the wife, where she agrees to return her *Mahr* (dower) or give other consideration to the husband in exchange for her release. Requires husband's consent.
3. Dissolution by Mutual Consent & Statute
- Mubaraat: Mutual aversion. Both husband and wife desire to dissolve the marriage. Once the offer is accepted, the divorce is complete.
- Dissolution of Muslim Marriages Act, 1939: Grants a Muslim wife the statutory right to seek judicial divorce on grounds like desertion, non-maintenance for 2 years, imprisonment of husband for 7 years, or the Option of Puberty (Khyar-ul-Balugh) (repudiating a minor marriage before turning 18).