Divorce Under Muslim Laws in Bangladesh

In Islamic law, marriage is a legal and social contract between a man and woman. Marriage is an act of Sunnah in Islam and is strongly recommended; the age of marriage being whenever the individuals feel ready, financially and emotionally.

Muslim law is based on the idea of saving marriage rather than ending it. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. One of the ways to end marriage tie is Divorce. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together.

Dissolution of Marriage Under Muslim Law: 

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. O the other hand, if husband dies, Wife cannot remarry before a certain specified period called Iddat (90 days) expires.

Extra Judicial Divorce

Extra judicial divorce is when it is depend upon the will of husband or wife or when it is by mutual agreement. There are different rights provided to wife and husband. Generally rights to give divorce are given to husband only, wife are at very lower pedestal regarding right to divorce, but under Dissolution of Muslim Marriage Act, 1939, wife has also been provided with some rights. Extra- judicial divorce is divided into several parts:
By Husband- Talaq, Ila and Zihar.
By Wife- Talaq-i-tafweez, Lian.
By Mutual Agreement- Khula and Mubarak.
=>By Husband
TALAQ
In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law.
The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaq; how he does it, when he does it, or in what he does it is not very essential.
No specific formula or use of any particular word is required to constitute a valid talaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.

1. Talaq-i-sunnat: It is considered to be in accordance with the dictator of prophet Mohammad. It has two forms:
Ahasan: It consists of a single pronouncement of divorce made in the period of tuhr (purity, between two menstruations), or at any time, if the wife is free from menstruation. Husband must abstain himself from intercourse for the period of iddat. Resumption of sexual intercourse before the completion of period of iddat also results in the revocation of divorce.
Hasan: In this the husband is required to pronounce the formula of talaq three time during three successive tuhrs. When the last pronouncement is made, the talaq, becomes final and irrevocable

2. Talaq-i-biddat: Instantaneous divorce, or triple talaq, that was struck down by Supreme Court.
ILA: In Ila, the husband takes an oath not to have sexual intercourse with his wife. Followed by this oath, there is no consummation for a period of four months. After the expiry of the fourth months, the marriage dissolves irrevocably. But if the husband resumes cohabitation within four months, Ila is canceled and the marriage does not dissolve.

ZIHAR: In this mode the husband compares his wife with a woman within his prohibited relationship e.g. mother or sister etc. The husband would say that from today the wife is like his mother or sister. After such a comparison the husband does not cohabit with his wife for a period of four months. Upon the expiry of the said period Zihar is complete. After the expiry of fourth month the wife has following rights:
• She may go to the court to get a decree of judicial divorce.
• She may ask the court to grant the decree of restitution of conjugal rights.

=>By Wife

TALAQ-I-TAFWEEZ
Under traditional Sharia Law, a Muslim woman cannot dissolve her marriage without the consent of the husband. The Muslim husband is free to delegate his power of pronouncing divorce to his wife or any other person. He may delegate the power absolutely or conditionally, temporarily or permanently. A permanent delegation of power is revocable but a temporary delegation of power is not. This delegation must be made distinctly in favour of the person to whom the power is delegated, and the purpose of delegation must be clearly stated.
It should be noted that even in the event of contingency, whether or not the power is to be exercised, depend upon the wife she may choose to exercise it or she may not. The happening of the event of contingency does not result in automatic divorce.

LIAN
If the husband levels false charges of un-chastity or adultery against his wife, then this amounts to character assassination and the wife has got the right to ask for divorce on these grounds. Such a mode of divorce is called Lian.

=>By Mutual Agreement

KHULA
A Muslim women has a right to ask for divorce if she does not desire to live with her husband even where he is not at fault. Once a Khula has been accepted by the husband and affected, the husband has no power to cancel it on the ground that the consideration has not been paid and his remedy is to sue the wife for it.

MUBARAT
Mubarat i