Introduction

• Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law.
• A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient.
• Woman has been given an equal opportunity like the husband to initiate and pronounce divorce on her husband.
• A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement.
• Under an agreement the wife may divorce her husband either by Khula or Mubarat. If the husband gives consent, then the divorce under mubarat commences.

Mubarat

• The literal meaning of the word ‘Mubarat’ is obtaining release from each other. It is said to take place when the husband and wife, with mutual consent and desire, obtain release and freedom from their married state.
• In ‘Mubarat’, the feature is that both the parties desire divorce. The offer for separation in ‘Mubarat’ may proceed either from the wife or from the husband.

Essentials

• The husband or the wife, either of them can make the offer.
• The other spouse must accept the divorce proposal.
• Once it is accepted by the other partner, it becomes irremediable.
• Iddat period is mandatory before the divorce is approved.
• No consideration should be given to either of the spouses. Also, the period of iddat has to be observed by the wife before getting separated.

Whether Mubarat is Equivalent to Talaq?

• Mubarat is not equivalent to talaq. In talaq, the husband/spouses can revoke the divorce and can live peacefully again but mubarat is an irrevocable form of divorce and cannot be reverted.
• Also, in talaq, the husband takes the initiative of divorce but in mubarat the initiation of divorce can be from wife’s side too.