, “Dissolution of marriage" is just another way of

saying “divorce,” and it refers to the process by

which a couple can end their marriage permanently
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MODES OF DISSOLUTION OF MARRIAGE

 The dissolution of Marriage tie can take place in the

following modes:
A)By Death of the Parties – husband or wife
B) By act of the parties by either
1)Husband
i)Talak
a) Talak-us-sunnah( i. Hasan , ii. Ahsan)
ii) Talak-ul-bidaat
iii) Ila (Vow of continence)
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iv) Zihar (Injurious comparison)
MODES OF DISSOLUTION OF
MARRIAGE (CONT…)
2) wife
 Talak-e-Tafwid (Delegated divorce)

3. By mutual consent
i)Khula (redemption)
ii)Mubarat (Mutual freeing)

C. By Judicial Process
1. Lian or mutual imprecation
2. Faskh (Judicial Rescission)
3. Option of Puberty or Khiyarul Bulug
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4. Apostasy
 A)By Death of the Parties – husband or
wife
Husband may marry
immediately
Wife has to wait
for iddat period (4
month 10 days , if
pregnant until
delivery whichever
Husband/Wif is longer)
e’ death,
marriage tie
comes to an
end

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B) BY ACT OF THE PARTIES BY EITHER
1)HUSBAND

i) Talak: Arabic word literal meaning is “ Removal of /

taking off any tie or restraint” husband must have
capacity to contract to divorce his wife
a) Talak-us-sunnah or approved form
i. Talakul Ahasan or most approved: Prophet approved it. This
consists of on single pronouncement in a period of Tuhr (purity..
When a women is free from her menstrual courses) followed by
abstinence from sexual inter course during that period; he then
leaves her to observe iddat (3 months or pregnancy over
whichever is longer). It can be revoked during iddat and not be
effective if intercourse takes place. If she is not subject to
menstruation for old age, the condition of tuhr is not required
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ii. Talakul Hasan or approved form: it is less approved
than Ahsan form. It consists of three successive
pronouncements of talak during the three consecutive
tuhrs. The husband shall refrain from sexual
intercourse during the whole period of tuhr. The talak
is complete on the third tuhr, it can be revoked but not
after third tuhr. If she is not subject to menstrual
courses du to old age or minor, thn each
pronouncement is to be mad during the period of three
lunar months with an interval of 30 days.

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b) Talak-ul-bidaat or unapproved form: also called bain
talak which means irrevocable talak . Under which form,
talak becomes effective immediately. It may be tripple
divorce (I divorc you, I divorc You, I divorc you or I
divorc you thrice),,, and one irrevocable divorc ( I gave
you bain talak, or I divorced you hundred times)
When Talk become irrevocable:
i)Talak ahsan become irrevocable on the completion of
period of iddat
ii) Talak hasan comes in to force on the very point when
the third pronouncement is made. Iddat factor has no
influence on it 7
iii)Talak didaat of both types triple or single also becomes
irrevocable right on pronouncement
iv)in case of unconsummated marriage talak becomes
irrevocable rights on pronouncements
v) A written talak comes into effect from the moment of its
execution unless it is ambiguous
Effects of compulsion , Intoxication: only Hanafi jurist
holds that a divorce under compulsion intoxication(if
own free will) is valid, where maleki, shafei, hanbali,
shia considers it as invalid.
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i) Ila (Vow of continence): Ila means to swear. It is when
a person swears that he will not have sexual
intercourse with his wife and abstains from it for four
months the divorce is effected
ii) Zihar (Injurious comparison): means back. It signifies
the act of a husband comparing his wife to any of his
female relations with whom the marriage is prohibited.
Like: you are to me like the back of my mother

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 Talak-e-Tafwid (Delegated divorce): Husband may delegate
this power to wife herself or any third party absolutely or
conditional
3. By mutual consent
i)Khula (redemption)
ii)Mubarat (Mutual freeing)
• Khula: rdemption of contract of marriage

• Mubarat : mutual release from the marital tie

• Khula:offers coms from the wife

• Mubarat: any party may make the offer, the otherside accepts

• Khula:Consideration passess from wife to husband, where in

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Mubarat ,no question of Consideration
Khula:aversion (dislikes) is on the side of the wife, on the
other hand there is mutual aversion

C. By Judicial Process
1. Lian or mutual imprecation: the wife is entitled to sue for
divorce on the ground that her husband has falsely
charged hr with adultery: Oath of innocence four times
,at the fifth times curse, if husband retract is the good
ground to dismiss the suit
2. Faskh (Judicial Rescission): wife may apply to the court
for husband’s oppression now governed by the section 2
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of the Dissolution of Muslim marriage Act, 1939
1. Option of Puberty or khyar-ul-Bulug: male married
when minor by his guardian may repudiate after
attaining majority or puberty but female can not do so if
she married by her father or grand father but under 1939
Act female now can on fulfilling following conditions:
i)she was given marriage by her f or gf ii) marriage took
place before 16 iii)she repudiates before 18 iv) marriage
has not been consummated
2. Apostasy: A Muslim male or female renounces Islam
known as apostasy and non muslim male or female
may embrace Islam called conversion, before 1939,
apostasy of either party male or female operated as 12
complete dissolution
 But after 1939 act, If male apostate shall stand dissolved
but if female apostate shall not by itself dissolve her
marriage

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SUGGESTED BOOK ON STPULATIONS
 Syed Khalid Rashid’s Book, Page No.105
 Dr. Mohammad Faiz Uddin’s Book, Page 108

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Thank you