PRELIMINARY:

In the words of Quran: “And if you fear that the two (i.e., husband and wife) may not be able to keep the limits ordered by Allah, there is no blame either of them if she redeems herself (From the marriage tie)” (2:229)
Though a marriage according to Islam is only a civil contract yet the rights and responsibilities consequent upon it are of such importance to the welfare of humanity, that a high degree of sanctity is attached to it. But in spite of the sacredness of the character of the marriage tie Islam recognizes the necessity in exceptional circumstances of keeping the way open for its dissolution.

---

 

KINDS OF DIVORCE:

Now I will elaborate on each kind of divorce in detail;

---

A. TALAQ

1. KINDS OF TALAQ:
   Talaq is of three kinds:-

a) TALAQ AHSAN:
Where the husband repudiates his wife by a single sentence within a Tohr, during which he has not had carnal connection with her and then leaves her for the observance of her Iddat.

b) TALAQ HASAN:
Where the husband repudiates his wife by three sentences of Talaq, in three Tohr.
Imam Malik: Asserts this method classes with Biddat or irregular.

c) TALAQ BIDDAT:
Talaq Biddat or irregular Talaq is where a husband repudiates his wife by three divorces at once or where he repeats the sentence separately, thrice within one Tohr.

• However, the pronouncing of two divorces within one Tohr also comes under the description of Talaq Biddat.

Shafi’i said that all these three descriptions of divorce are equally legal because divorce is in itself a lawful act.

1. EXECUTION OF TALAQ:
   Talaq in respect of its execution is of two kinds;

i. EXPRESS OR SAREEH:
Where a husband delivers the sentence in direct and simple terms which effects a Talaq Raj’i, or divorce reversible:- that is to say a divorce such as leaves it in the husband's power lawfully to take back his wife at any time before the expiration of Iddat.

ii. IMPLIED OR KINAYAT:
Where a man repudiates his wife not in express terms, but by the mention of something from which divorce is understood.

1. VALIDITY OF TALAQ DURING MENSTRUATION:
   If a man repudiates his wife during her courses it is valid because it protracts (prolongs) the Iddat and the husband can reverse it.

2. PERSONS WHO ARE COMPETENT TO PRONOUNCE DIVORCE:
   The divorce of every husband is effective, if he be of sound understanding and mature age; but that of a boy, or a lunatic or one talking in his sleep is not effective.

3. VALIDITY OF DIVORCE PRONOUNCED UNDER COMPULSION:
   According to Hidaya: the divorce under threats is effective whereas; Shafi’i maintains that it is not effective.

4. NUMBER OF DIVORCES IN RESPECT OF FREE WOMEN AND SLAVES:
   For a free woman the number of divorces is three whereas for the slave woman the number of divorces is two whether the husband is also a slave or free.

5. PROCEDURE UNDER SECTION 7 MFLO 1961:
   Section 7 of MFLO 1961 provides the procedure of the pronouncement of a Talaq which shall be effective after the expiration of ninety days:

---

B. ILLA

Illa in its primitive sense signifies a vow. In law it implies a husband swearing to abstain from carnal knowledge of his wife for any time above four months, if she be a free woman or two months if she be a slave.
Mode in which Illa is Established: If a man swears that he will not have carnal connection with his wife,- or, that he will not have such connection with her within four months, an Illa is established.
God Says: “Where a man makes a vow (Illa) with respect to his wife he must stay four months.”

---

C. ZIHAR

The word Zihar is derived from Zahr, the back. In the language of the law it signifies a man comparing his wife to any of his female relations within such prohibited degree of kindred, whether by blood, by fosterage, or by marriage as renders marriage with them invariably unlawful.
Effect of Zihar: Zihar prohibits carnal connection until expiation.

---

D. DELEGATION OF DIVORCE (TALAQ-E-TAFWEEZ)

According to Hidaya: “Tafweez Al Talaq, or delegation of divorce, is where the husband delegates or commits the pronouncing of divorce to his wife, desiring her to give the effective sentence, and it comprehends under three different deeds, termed as Option, Liberty and Will.”

1. OPTION (IKHTIYAR):
   Delegation by option confers on the wife a power of divorcing herself; but this right of option is restricted to the precise place or situation in which she receives it.

2. LIBERTY (AMR-BA-YAD):
   In a delegation of liberty, divorce takes place according to the number mentioned by the wife and the divorce which follows is irreversible.

3. WILL (MASHEEAT):
   Where a man empowers his wife to divorce herself in express terms, the divorce which follows is reversible.

Section 8 of MFLO 1961: Provides the right of exercise of such Talaq where the right is delegated.

---

E. KHULA:

Khula in its primitive sense means to draw off or dig up. In law it signifies an agreement entered into for the purpose of dissolving a connubial connection, in lieu of a compensation paid by the wife to her husband out of her property.

1. VALIDITY OF KHULA:
   The validity of khula is proved on the authority of both the Holy Quran and Sunnah.
   Holy Quran Says: “There is no blame on either of them if she gives something for her freedom.”

2. KHULA BY MUTUAL CONSENT:
   The process of khula does not become complete by the mere intention, desire or will of the woman; rather, it has certain circumstances which are mentioned below.

a) Khula without giving compensation:
Where a woman demands khula and the husband immediately gives her divorce without taking any compensation.

b) Khula by giving compensation:
The wife is responsible for the compensation; if a husband offers to divorce his wife for compensation and she consents, divorce takes place and she becomes answerable for the compensation.
The compensation for khula may consist of anything which is lawful in dower and the amount cannot exceed the total value of the dower (Mahr) of the woman.

c) Khula by mutual discharge (Mubarat):
A mutual discharge leaves each party without any claim upon the other.

U/S Section 8 of MFLO 1961: Where any of the parties to a marriage wishes to dissolve the marriage, they may apply to court for the dissolution of marriage by Khula.

1. KHULA BY THE DECREE OF COURT:
   The aforesaid three forms of khula are dependent upon the mutual consent of the parties. Where the khula is not by one of these three forms and the woman insists that she is to get separation and the man does not agree to it, then the woman has a right to lodge a claim for dissolution of marriage on the basis of khula before the court.

---

F. LIAN:

Lian in the language of law signifies testimonies confirmed by oath on the part of a husband and wife in case of the former accusing the latter of adultery.
The wife is entitled to divorce if a man slanders or accuses her of whoredom or denies the descent of a child born of her by saying, “this is not my child,” and fails to prove his accusation.

---

G. DIVORCE BY YAMEEN OR CONDITIONAL VOW:

Yameen is the suspension of divorce upon a circumstance which bears the property of a condition and the suspension is termed as Yameen.
Divorce pronounced with a reference to a future marriage, takes place upon the occurrence of such marriage—where a man refers or annexes divorce to marriage (that is, suspends it upon marriage) by saying to any strange woman, “If I marry you, you are divorced,” or by declaring “any woman whom I may marry is divorced,” in this case divorce takes place on the event of such marriage.

---

H. JUDICIAL DIVORCE:

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds enumerated by section 2 of the Dissolution of Marriage Act 1939.

---

MODES OF DISSOLUTION OF MARRIAGE:
Following are the different modes of the dissolution of marriage:
• Apostasy
• Death of either party
• Option of repudiation
• Divorce
• Cancellation of an irregular marriage.

1. APOSTASY:
   Apostasy means renunciation of a religious faith. When a Muhammadan renounces Islam it is known as apostasy under Muslim law.
   U/S Section 4 of the Dissolution of Marriage Act 1939:
   The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage;

Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2.

Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

1. DEATH OF EITHER PARTY:
   The death of the husband or the wife operates in law as a dissolution of marriage.
   In case of wife's death: Husband may remarry immediately.
   In case of husband's death: Widow has to wait for a certain period called Iddat.

2. DIVORCE:
   A Muslim husband of sound mind may divorce his wife whenever he so desires without assigning any cause.

3. OPTION OF REPUDIATION:
   A minor whose marriage has been contracted by a guardian (father or grandfather) has a right to repudiate such marriage on attaining puberty without showing any cause.

4. CANCELLATION OF AN IRREGULAR MARRIAGE:
   Under Sunni Law, an irregular marriage may be dissolved by the parties at any time. Whether such marriage is consummated or not, it can be cancelled at any time.
   Quran says: “And fulfill every engagement for it will be inquired into (the Day of Reckoning)” (17:34)

---

GROUNDS AVAILABLE TO WIFE FOR THE DISSOLUTION OF MARRIAGE:
U/S Section 2 of the Dissolution of Marriage Act 1939:
A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-

(i) That the whereabouts of the husband have not been known for a period of four years;
(ii) That the husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) That the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) That the husband was impotent at the time of the marriage and continues to be so;
(vi) That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
(vii) That she, having been given in marriage by her father or other guardian before she attained the age of [eighteen years], repudiated the marriage before attaining the age of [nineteen years]:
Provided that the marriage has not been consummated;

(viii) That the husband treats her with cruelty, that is to say,-
(a) Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) Associates with women of evil repute or leads an infamous life, or
(c) Attempts to force her to lead an immoral life, or
(d) Disposes of her property or prevents her exercising her legal rights over it, or
(e) Obstructs her in the observance of her religious profession or practice, or
(f) If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix) On any other ground which is recognized as valid for the dissolution of marriage under Muslim law.

Provided that-

• No decree shall be passed on ground (iii) until the sentence has become final;

• A decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

• Before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

CONCLUSION-

The institution of marriage in Islam is held in high regard as a sacred social contract intended to promote harmony, compassion, and mutual respect between spouses. However, recognizing the realities of human relationships, Islamic law also provides various structured and principled modes for the dissolution of marriage to safeguard the dignity and rights of both parties. The flexibility embedded in Islamic jurisprudence ensures that neither party is trapped in a harmful or irreconcilable relationship. Whether through Talaq, Khula, or judicial decree, the underlying emphasis remains on justice, fairness, and the preservation of moral and social order. The laws governing divorce aim not only to resolve conflicts but also to offer avenues for amicable separation when reconciliation is no longer possible, all while upholding the tenets of Islamic ethics and compassion.