mubarat
Meaning. A form of Muslim divorce by mutual consent, where both spouses want the separation.
Mubarat is dissolution of a Muslim marriage by mutual agreement, where the aversion is on both sides. Either spouse may make the offer, and once it is accepted the divorce is complete; under Sunni law it is irrevocable on acceptance, while Shia law requires a formal pronouncement in Arabic before witnesses.
It differs from khula, where the desire to separate comes from the wife alone and she gives consideration (often giving up her mahr) for her release. In both cases the wife must observe iddat.
Example
As both husband and wife wished to end the marriage and signed a deed of release, the divorce was by mubarat, not khula.
In Indian law
- Section 2, Muslim Personal Law (Shariat) Application Act, 1937 (khula and mubarat governed by Muslim law)
See also
khula · talaq · iddat · mutual consent divorce
Read more in the study notes
- Sources of Muslim law (Family Law II - Mohammedan Law)
- Talaq and the modes of dissolution of a Muslim marriage (Family Law II - Mohammedan Law)
- Iddat and the legal effects of divorce (Family Law II - Mohammedan Law)
- Muslim marriage (nikah, mehr, talaq) and Christian marriage (Sociology - Indian Society Continuity and Change)