INSTRUCTOR

HAFIZ MUHAMMAD SALMAN

LLB HONs
UNIVERSITY OF LONDON (U.K)
LLM

1
DISSOLUTION OF
MUSLIM
MARRIAGES
Contents

 Classification of dissolution of marriage

 Conditions for a valid talaq
 Formalities
 Shia law
 Conditional talaq
 Kinds of talaq
 Talaq e sunnat
 Talaq e rajaie
 Talaq e Ahsan
 Talaq e Hassan
 Talaq e bidda
 Conclusion
CLASSIFICATION OF DISSOLUTION OF
MARRIAGES
Dissolution of Marriage

By Act of God (Death of By Act of Parties

husband or wife) (Divorce)

Extra-Judicial Divorce Judicial Divorce (By wife

under the Dissolution of
Muslim Marriages Act,
1939)

By Husband By Wife By Mutual Agreement

(i) Talaq (Delegated (i) Khula
(ii) Ila Talaq) (ii) Mubarat
(iii) Zihar
 DIVORCE BY
HUSBAND
TALAQ
 It means repudiation of marriage by the husband.

 It is peculiar because Muslim Husband has unrestricted right to

divorce without giving any reason.

 Muslim law does not require the existence of any fault or

matrimonial offence as an excuse for divorce.

 It is applicable where it is impossible for the spouses to live

together so they must separate peacefully.

 However, an indirect check upon this right is the obligation of

husband to pay the dower upon the dissolution of marriage.
CONDITIONS FOR A VALID
TALAQ

CONDITIONS FOR A VALID TALAQ:

1. Capacity: Every Muslim husband of sound mind and

who has attained the age of puberty is competent to
pronounce Talaq.

2. The guardian cannot pronounce Talaq on behalf of a

minor husband.

3. Some jurists also consider that even Talaq

pronounced against a minor or insane wife is void and
ineffective.
CONDITIONS FOR A VALID TALAQ

 Free Consent:
 Except under Hanafi law, the consent of the
husband in pronouncing Talaq must be free.
Under Hanafi law,
 A Talaq pronounced under compulsion, coercion,
undue influence, fraud and voluntary intoxication
etc. is valid and dissolved the marriage.
 However, even under Hanafi law Talaq pronounced
under forced or involuntary taxation is also void.
 Formalities

3. Formalities:

Sunni Law:

 Talaq may be in oral or in writing.

 No particular word is required to constitute Talaq

 B ut the expression should clearly indicate the

husband’s desire to dissolve the marriage.

 It need not be made in presence of witnesses.

Shia Law

Shia Law :

 Talaq must be pronounced orally except

where husband is unable to speak.

 It must be pronounced in the presence of two

competent witnesses (i.e. every Muslim male

who has attained the age of puberty and is of

sound mind).
Shia Law

 Moreover in place of one male two adult female of

sound mind may be substituted.

 It requires the use of specific Arabic words in the

specific formulae in the pronouncement of Talaq.

Express words

 Express words:

 The words of Talaq must clearly indicate the husband’s intention

 To dissolve the marriage.

 So the pronouncement must be express.

Presence of wife

 Presence of wife:

 The presence of wife at the time of pronouncement of

Talaq is necessary.

 The name of wife must be specifically referred in the

pronouncement.

 Where the husband has more than one wife he must

specify

 And name the wife against whom he is pronouncing

Talaq.
Notice of Talaq

 Notice of Talaq:

 It is not necessary for husband to communicate the

pronouncement of Talaq to wife.

 Talaq becomes effective from the moment of

pronouncement

 And not from the time when the wife comes to know.
CONCLUSION
QUESTIONS
THANK YOU