Establishing the concept of marriage in Muslim law is crucial before proceeding further. According to Muslim law, a woman and a man enter into a legal and social contract during marriage that establishes their respective rights and obligations.
The union must be freely entered into by both parties because it is seen as a sacred relationship. A dowry may be included in the marriage contract, which is normally formalized in front of witnesses. The rights of spouses, including the right to inherit and financial support, are also outlined.
Regrettably, within the context of matrimony, certain individuals may encounter challenges or difficulties. Any couple who stay married will unavoidably encounter marital issues, which can arise from a number of things like insufficient communication, misplaced expectations, or outside pressures.
Both partners’ physical and emotional health may be negatively impacted by these difficulties, which can take many different forms. The breakdown of effective communication is one frequent problem. Miscommunication or the inability to express demands and concerns can cause misunderstandings and frustration as partners work through life’s challenges.
To promote understanding and connection, it is essential for couples to practice having honest and open conversations. There may be problems in a marriage that prompt some partners to think about living apart in order to work through their issues. In more extreme circumstances, people might think of formally dissolving their marriage through a divorce as a legal remedy.
Islamic law refers to divorce as “Talaq.” It is a method that is approved by law and religion for a Muslim man to divorce his spouse. Now a question may arise whether husband and wife can get a divorce by mutual consent?
It occurs that Muslim spouses can choose to get a divorce by mutual consent. This can be accomplished by means of a legal procedure called “Mubarat.” Mubarat is a type of dissolution in which the husband and wife voluntarily decide to end their union. A key component of this process is the mutual consent of the parties, which is usually expressed in the execution of a written agreement outlining the terms of the divorce.
The following conditions are frequently included in Bangladesh’s “Mubarat,” or mutual divorce.
Mutual Consent: The husband and wife must communicate a sincere wish to dissolve their union. The consent should be given voluntarily and free from force.
Written Agreement: Usually, a written agreement outlining the terms and circumstances of the divorce is created. Financial settlements, child custody arrangements, and other relevant issues may be covered by the agreement.
Submission to the appropriate Authority: The contract is delivered to the appropriate Islamic authority or a recognized legal organization.
Verification of Consent: The authorities confirm that the terms of the divorce are reasonable and compliant with Islamic law, as well as that both parties voluntarily consented to the separation.
Process of mutual divorce: the processes of mutual divorce are typical as follows:
- In order to be freed from the marriage, the wife offers her husband refusal of marital rights. This offer is called ad Khul`s
- Then the husband accepted the wife`s offer willingly.
- Two witnesses testify to the decision`s voluntary nature and fulfillment of the requirements.
- The mutually agreed divorce is considered final and permanent.
In Bangladesh, a mutual divorce is regarded as a legal and legitimate way to end a marriage. For couples who want to end their marriage peacefully, mutual divorce can be a good option. Compared to other types of divorce, it can be a less tense and contentious process that also helps maintain the couple`s respect and dignity for one another.
Compiled by-
ONTORA RAOSHAN
Associate, Advocacy Legal