Muslim marriages unlike Hindu Marriages are governed by their laws. According to Quran, marriage is characterized as a “firm bond” and the relationship is ideally based on love. When the couples fail to attain harmony in their marriage, the Quran allows the couple to repudiate their marriage. (2:231) Before this, arbitrators are appointed from the two families to attempt reconciliation. (4:35).

Divorce in Islam may be of different kinds, initiated by the wife or initiated by the husband. Mainly they are categorized into-

• Talaq
• Khul
• Judicial divorce
• Oath

According to Quran, the spouses are allowed to bring the marriage to an end if mutual harmony cannot be maintained between them. To avoid hasty divorces, two provisions have been laid down-
Al-Baqarah prescribes ‘Iddah’ i.e. waiting for three monthly periods before the finalization of the divorce.
At-Talaq prescribes time for the husband to reconsider his decision.
A man under an oath of not having an intimate relationship with his wife is given a waiting period of four months during which he may break his oath.

What is talaq?
Talaq is the repudiation of marriage. The husband has the right to repudiate her just by announcing it to her. Certain restrictions are there for valid dissolution like the husband should not be of unsound mind or coerced. The husband may revoke the divorce during the Iddah period. On the expiration of the waiting period i.e. Iddah, the divorce becomes final.

Kinds of talaq-

1. talaq al-sunnah – Talaq ul sunnat is a revocable form of talaq. This is an approved form of talaq recognized by both Sunnis as well as Shias. It is further divided into talaq al-Ahsan and talaq al-Hasan

• Talaq al-Ahsan involves sexual abstinence and a single revocation during the iddah period. Once the husband pronounces Talaq, three months period is considered after this which is meant for reconciliation. If any kind of cohabitation occurs during this period, the talaq is considered to be revoked.
• Talaq al-Hasan involves sexual abstinence and three revocations in between the menstrual periods of the woman. Under this form, talaq is to be pronounced three times after menstrual cycles. After making one declaration of talaq, the husband has to wait for another menstrual cycle for further declaration. The husband can revoke the first and second revocations in any way- express or cohabitation. In such circumstances, talaq becomes ineffective. But in case the revocation does not take place, then the husband has to make the third and last declaration.

2. Talaq al-bid’ah, also known as Talaq-ul-Bain on the other hand terminates the marriage without any waiting period by declaring Talaq three times. This kind of divorce reflects pre-Islamic customs. This form is the disapproved form. A peculiar feature of this Talaq was that it comes into effect immediately after pronouncing the words. No possibility of reconciliation remains. This form of Talaq is recognized by Sunni Muslims and Shia Muslims do not recognize it. It may be pronounced in two ways- single declaration or Triple declaration. However, this form has been declared unconstitutional by the Supreme Court in the case of shayara Bano vs Union of India(2017) 9 SCC 1, holding it to be violative of fundamental rights in the constitution under article 14. Subsequently ate was banned by the government, and its practice may lead to imprisonment of up to 3years.

Talaq Al-tafawud is the form of delegated divorce that has been included in the terms of marriage contact of certain couples giving the right to the wife to repudiate her husband even if he marries a second woman. This kind of divorce is recognized for both Shias and Sunni Muslims. The husband may delegate his power of pronouncing the words to his wife or any other person temporarily or permanently.

Khul
This is the justified or contractual kind of divorce that is initiated by the wife and agreed upon by the husband. This kind of divorce is concluded is the wife gives back the mahr which she has received from her husband at the time of Niqah or marriage. Such compensation is not required in Hanafis and Malikis. During the waiting period, the couple cannot reconcile but the husband is required to pay maintenance. It takes place outside the court.

Nikah halala
This is the kind of marriage in which the woman marries another man and consummates and later gets divorced again to marry her former husband who divorced her by triple Talaq. Nikah halala is forbidden in Islam.

Judicial divorce
In order to dissolve a marriage by judicial means, either of the spouses has the liberty to file a petition in qadi court. The grounds of divorce must be compelling. An arbitrator is appointed by the court to seek reconciliation. If the reconciliation fails, the court apportions the fault for financial consequences. Several grounds are made under the Dissolution of Muslim marriage Act 1939 on which a female can claim a divorce-

• Husband’s whereabouts are unknown.
• Husband’s fails to maintain for two years.
• Husband has been sentenced to imprisonment.
• Husband fails to perform obligations of marriage.
• Impotency
• Cruelty
• Repudiation of Marital ties
• Venereal diseases.
• Conversion of religion.

Oaths
There are three kinds of courts through which a husband can end the marriage-
1.the oath of continence (ila)
2.The denial of paternity (Izhar)
3.Conditional talaq. (li’an)

• Ila is the oath taken by the husband to refrain from having any kind of sexual intercourse with his wife for a period of four months. The marriage is considered dissolved if the oath is fulfilled and continuous if the oath is broken.
• Izhar is the kind of oath in which the husband declares his wife as sexually prohibited comparing her to his mother. If he breaks such an oath, the marriage continues. Breaking any of the oaths requires expiation which can be in the form of fasting or feeding the poor.
• In the third kind of oath i.e. the li’an oath, the paternity of the wife’s child is denied by the husband. If the husband remains persistent about his accusations against his wife even after the wife takes an oath denying her infidelity, such marriage is dissolved by the judge. Search a couple can not marry again.

Effects of the dissolution of a Muslim marriage.

1. The Islamic law gives no provision of their distribution of property between husband and wife. Only the custody of children is given to the wife until the children attain majority and guardianship remains with the father.
2. Talaqnama should be in a written form.
3. There is no necessity to get it signed by the Qazi or father of the wife. It can be provided in the absence of a wife.
4. A proper deed has to be executed by the husband which should contain the name of the wife with his name.
5. Talaq pronounced under intoxication isn’t valid.
6. Rights of inheritance cease which are mutual.
7. Children born after talaq will be held illegitimate.
8. Dower has to be paid.
9. Another marriage can be contracted by either of the two or both.
10. Wife gets entitled to maintenance.