They are 2 ways to get mutual consent divorce namely Khula and Mubarat in Muslim Law.
In both (Khula and Mubarat), the wife has to part with her dower (a widow\’s share for life of her husband\’s estate) or a part of some other property. The word Khula, in its original sense means “to draw” such as taking off one’s clothes or garments. It is believed that the spouses are like clothes to each other and when they take Khula each takes off his or her clothes, i.e., they get rid of each other.
Although consideration for Khula is important, the actual release of the dower or delivery of property constituting the consideration is not a condition precedent for the validity of the Khula. Once the husband gives his consent, it results in an irrevocable divorce. The husband has no power of cancelling the Khula on the ground that the consideration has not been paid. The consideration can be anything, usually it is Mahr (mandatory payment in the form of money or possessions by the groom or his father to the bride at the time of marriage that legally becomes her property), the whole or part of it. But it may be any property though not illusory.
Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.
- Either the husband or the wife can make the offer.
- The other must accept it.
- When accepted, it becomes irrevocable
- Iddat period necessary
Among the Sunnis when the parties to marriage enter into a Mubarat all mutual rights and obligations come to an end. However, the Shias insist that the word Mubarat should be followed by the word talaq, otherwise no divorce would result. They also insist that the pronouncement must be in Arabic unless the parties are incapable of pronouncing the Arabic words. Intention to dissolve the marriage should be clearly expressed. Among both, Shias and Sunnis, Mubarat is irrevocable. Other requirements are the same as in Khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required.
Documents required in Muslim Mutual Divorce
- Address proof of husband and wife
- Marriage certificate
- passport size photographs of the marriage of the couple
- Evidence proving spouses have been living separately for more than 1 year
- Evidence relating to the failed attempts of reconciliation
- Income tax statements of the couple for the last 3 years
- Details of profession and present remuneration of the couple
- Information relating to family background of the couple
- Details of properties and other assets owned by the couple
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