Muslim Women Divorce Rights: Kerala High Court Judgement

Muslim community follows Quran for law, religious guideline and path to achieve enlightenment. But Quran didn’t mention about divorce give by Muslim Women, then Shariat Act 1937 as well as the Dissolution of Muslim Marriages Act 1939 restricts Muslim women to annual their marriage.

First we have to understand kind of divorce right given to Muslim Women under Shariat Act as well as the Dissolution of Muslim Marriages Act. Muslim women can use (1) Talaq-e-tafwiz, (2) Khula, (3) Mubara’at and (4) Faskh as extra-judicial divorce.

 

Khula is a procedure through which a woman can divorce her husband in Islam, by returning the dower (mahr) or something else that she received from her husband, as agreed by the spouses or Qadi’s (court) decree.

Mubarat is ‘obtaining release from each other. It is said to take place when the husband and wife, with mutual consent and desire, obtain release and freedom from their married state.

Faskh means a decree of dissolution of a marriage granted by a court, upon the application of a husband or wife, on any ground or basis permitted by Islamic law

Talaq-e-tafwiz : An agreement made between the parties to marriage whereby it is provided that the wife should at liberty to divorce her in specified contingencies is valid. Such an agreement can be entered before or after marriage.  Such delegation of power of divorce to the wife may be permanent or temporary that is for a specified duration. But the condition should not be opposed to public policy and should be a reasonable condition. The wife is exercising such delegating power of Talaq from the husband itself.

“K C Moyin versus Nafeesa and Others” Case Kerala HC (April 9) states that Muslim Women has a right to get extra-judicial divorce as referred in Section 2 of the Shariat Act. Matrimonial court should not raise a question on this dissolution of Marriage under personal law it’s overrule the 49 years old precedent. It empowered the status of muslim women in our society.

Leave a Comment

Your email address will not be published.

DISCLAIMER


The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner.

This website is meant solely for the purpose of providing general information and not for advertising or soliciting any work whether directly or indirectly. By accessing this website, www.legalexpertadvisor.com, you acknowledge and confirm that you are seeking information relating to Advocate of your own accord. Further, any content provided in this website should not be construed as legal advice. We disclaim all liability for any consequences of any action taken by the user relying on content provided on the website.

 

This will close in 12 seconds