Modes of Talaq (Khula. Mubarat) Presentations Group 1 to 2

Khula    
Khula is a form of divorce with the consent of wife and at her own instance in which she gives or agrees to give certain consideration to the husband for her release/redeption from the marital tie. Following conditions are necessary for a valid Khula:   
1. There must be an offer from the wife.    
2.She gives or agrees to give consideration to the husband for her release
3. Acceptance of the offer by the husband.
Such proposal may be retracted by the wife at any time before the acceptance is made by the husband. According to Muslim personal law 3 days time has been given by various jurists to both husband and wife. The moment offer is accepted by the husband it stands as single irrevocable divorce i.e there marital relationship ends the moment the husband accepts the offer.

By Mutual Agreement       

  it is also known as Mubarat. Mubarat is also a form of dissolution of a marriage contract. It signifies a mutual discharge from the marriage claims. In mubarat the aversion is mutual and both the sides desire separation. Thus it involves an element of mutual consent.In this mode of divorce, the offer may be either from the side of wife or from the side of the husband. When an offer mubarat is accepted, it becomes an irrevocable divorce and iddat is necessary.

 

Principles of Muhammadan Law. Page 477 to 497

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