THE DISSOLUTION OF MARRIAGE
• Divorce is the dissolution of marriage by the act of the parties. It may be given by
the husband or the wife.
, DIVORCE AT THE INSTANCE OF HUSBAND
• Muslim law gives the husband absolute authority to terminate the marriage
without any reason. Muslim husband can divorce was his wife through the talaq,
ila, zihar.
TALAQ
• Talaq is Arabic word which means ‘to release’. It means repudiation of marriage
by husband
• Muslim husband has unrestricted right to pronounce Talaq without any reason.
• In Islam Talaq is permitted only when wife by her conduct or by her words does
injury to husband or happens to be in impious.
• Talaq can be revocable [talaq- i- rajaee] or irrevocable [talaq- e-bain]
Conditions of Valid Talaq
1. Capacity: Every Muslim husband of sound mind, who has attained the
age of puberty, is competent to pronounce talaq.
2. Free consent: consent of the husband pronouncing Talaq must be free
consent. But, under Hanafi law Talaq pronounced under compulsion,
coercion, and, fraud and voluntary intoxication is valid.
3. Formalities: following are the formalities
a) In Sunni law Talaq must be oral or in writing
b) In Shia law Talaq must be pronounced orally except where the husband
is unable to speak.
c) No specific words are prescribed in Sunni of however words used must be
clear and unambiguous.
d) Shia law requires the use of specific Arabic words in pronouncing talaq.
e) In Sunni law Talaq need not be made in the presence of witness.
f) Shia law Talaq must be pronounced in the presence of two witness
• Divorce is the dissolution of marriage by the act of the parties. It may be given by
the husband or the wife.
, DIVORCE AT THE INSTANCE OF HUSBAND
• Muslim law gives the husband absolute authority to terminate the marriage
without any reason. Muslim husband can divorce was his wife through the talaq,
ila, zihar.
TALAQ
• Talaq is Arabic word which means ‘to release’. It means repudiation of marriage
by husband
• Muslim husband has unrestricted right to pronounce Talaq without any reason.
• In Islam Talaq is permitted only when wife by her conduct or by her words does
injury to husband or happens to be in impious.
• Talaq can be revocable [talaq- i- rajaee] or irrevocable [talaq- e-bain]
Conditions of Valid Talaq
1. Capacity: Every Muslim husband of sound mind, who has attained the
age of puberty, is competent to pronounce talaq.
2. Free consent: consent of the husband pronouncing Talaq must be free
consent. But, under Hanafi law Talaq pronounced under compulsion,
coercion, and, fraud and voluntary intoxication is valid.
3. Formalities: following are the formalities
a) In Sunni law Talaq must be oral or in writing
b) In Shia law Talaq must be pronounced orally except where the husband
is unable to speak.
c) No specific words are prescribed in Sunni of however words used must be
clear and unambiguous.
d) Shia law requires the use of specific Arabic words in pronouncing talaq.
e) In Sunni law Talaq need not be made in the presence of witness.
f) Shia law Talaq must be pronounced in the presence of two witness
