How can a Muslim initiate a divorce under Islamic law?
How can a Muslim initiate a divorce under Islamic law?
A Muslim can start divorce under Islamic law through several approaches. The husband may pronounce talaq, which the husband can utter in single declaration during the wife's state of purity (tuhr) and may retract before expiration of the waiting period for iddah. A woman may request separation through a process called Khula, in which she might return her dower money. Judicial divorce is also allowed under the Dissolution of Muslim Marriage Act, 1939, which gives a wife the right to file a divorce petition before the court on some grounds.
A Muslim can file for divorce in several ways, i.e, the husband can pronounce Talaq verbally or in writing, which may require a waiting period known as iddah before the divorce is effective. A wife can request divorce through Khula, wherein she requests separation and may return her dower for the divorce. In addition, judicial divorce is available through the Dissolution of Muslim Marriage Act, 1939. The court may be allowed to grant divorce in case the wife provides proper grounds of neglect or husband is in prison or otherwise incapable. It is crucial to take professional legal advice to have smooth procedures.
Sir, you can opt for a mutual divorce if both parties agree, or a contested divorce if one party is not ready for divorce. For further legal assistance contact us on our helpline number.
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