Dissolution of Muslim Marriage

Talaq Talaq Talaq

Dibyaroop Padhi
LLB2301003

- Book Source:
Textbook on Muslim Law
Dr.Rakesh Kumar Singh
 In this Presentation :
1. The Islamic concept of Divorce
2. Different Kinds of Divorce
3. Divorce without the Intervention of the Court – TALAQ
4. SHAH BANO Case – a factual analysis.
5. Halala
6. Delegated Divorce
7. Divorce with the Judicial Intervention of the Court – Faskh
8. Dissolution of Muslim Marriages Act, 1939.
9. Merits/Demerits
10. Restitution of Conjugal Rights
11. Dissolution of Muslim Marriages - Overview
 The Islamic Concept of Divorce
Introduction History
01 Prophet Mohammed :
‘with Allah, the most detestable of
02 Pre-Islamic Arabia :
Divorce as a method of Torture,
all permitted things is Divorce.’ Caprice by Husband.

Tradition Culture
03 Divorce is not favoured in Islam
and is permitted only in
04 After exhausting all methods of
reconciliation, Divorce is
exceptional circumstances. inevitable.
 Different types of Islamic Divorce :
1. Divorce without the intervention of the Court:
a. Talaq
i. Talaq-ul-Sunnat – By Husband
ii. Talaq-ul-Biddat - By Husband
b. Illa - by Husband
c. Zihar – by Husband
d. Talaaq-i-Tafweez – by Wife
e. Khula – by mutual consent
f. Mubarat (by Mutual Consent) Dissolution of Muslim Marriages Act, 1939.
2. With the Intervention of the Court
a. Judicial Divorce – by Wife
b. Lien – by Wife
 Talaq

Triple Talak was declared illegal by Supreme Court in 2017.

Triple Talak was a outlawed in India by an Act of Parliament,
The Muslim Women (Protection of Rights on Marriage) Act, 2019
“It is held by the Court, that it is well known
(Hadith and Holy Quran) that Talaq is
acceptable only as a necessary evil.
—Supreme Court of India
 Kinds of Talaq

1. Revocable Talaq - Talaq –ul-Sunnat

1. Ahsan Talaq (very good)

2. Hasan Talaq (good)

1. Irrevocable Talaq - Talaq-ul-Biddat

1. Single, Irrevocable Talaq

2. Triple, Irrevocable Talaq
 Case :
● Shamim Ara v. State of U.P
● AIR 2002 SC 850
● Case Facts : The appellant had 4 children out of wedlock with her husband, before
the 5th, Child was born after the Nikaah. Husband gave proper Final Talak in Court
only. Talaknama was issued before proclamation of Talak.
● Court Ruling : Maintenance Under Section 125 of the CrPC, till period of Iddat, with
consideration for One Minor Child at time of Talak.
Delegated Divorce

Talaq –i- Tafweez

Divorce at the
Instance of the Wife
Divorce by Mutual Consent

Khula (Redemption)
Divorce by the wife with the consent of her
husband on payment of something to him.

Mubarrat (Mutual Freeing)

A Divorce by Mutual Agreement.
Willingness of both parties to get rid of each
other.
 Halala
An inter-mediary marriage with proven
consumation, post which if divorced again, the
woman may marry her former husband, with there
being no blame on either of them if they re-unite.
Thank
You