Muslim Divorce: Types And Procedure
By Advocate Deepanshu Gupta / 2017-05-05
Under Muslim law, the divorce may take place by the act of the parties themselves or by a decree of the court of law. However, in whatever manner the divorce is effected, it has not been regarded as a rule of life, rather In Islam, divorce is considered as an exception to the status of marriage.

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Marriages are based on the belief of them subsisting, but in some circumstances when it is not possible to live a happy married life, it can be ended by the husband or wife. Muslim law in India is based on the idea of saving marriage rather than ending it. However, in some occasions, this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love, it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. One of the ways to end marriage tie is divorce.

The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce in Islam may be either by the act of the husband or by the act of the wife. The best Muslim Law lawyers in India can be hired to get a divorce in Islam. There are two types of divorce under the Muslim law, which will be discussed hereafter:

Types Of Muslim Divorces

Judicial Divorce

Judicial divorce is a formal separation between husband and wife where there is no direct role of husband or wife but court separates them according to established custom or law. In such cases, divorce does not depend on the will and pleasure of the husband. Top divorce lawyers in India can be consulted to file a judicial divorce in Islam.

Under Muslim law, the divorce may take place by the act of the parties themselves or by a decree of the court of law. However, in whatever manner the divorce is effected, it has not been regarded as a rule of life, rather In Islam, divorce is considered as an exception to the status of marriage.

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