Rafed English

Mubarat Divorce

Mubarat Divorce

2538. If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called 'Mubarat'.

2539. If the husband wishes to pronounce the formula of Mubarat, and the for example, his wife's name is Fatima he should say: (Bara'tu zawjati Fatima ala ma bathalat), And as an obligatory precaution, he must add: (Fahiya Taliqu), that is (My wife Fatima and I separate from each other in consideration of what she has given me. Hence, she is free). And if he appoints someone as his representative, the representative should say:(Anna quibali muwakkili bara'tu zawjatahu Fatima ala ma bathalat Fahiya Taliqu). And in other case, if he says: (Bima bathalat) instead of the words "ala ma bathalat" there is no harm in it.

2540. It is necessary that the formula of Khula' or Mubarat divorce is pronounced in the correct Arabic. And if that is not possible, then the rule explained in 2515 will apply. However, if for the sake of giving her property, the wife ways in English or any language that (I give you such and such property in lieu of divorce) it will be sufficient.

2541. If during the waiting period of Khula' or Mubarat divorce the wife changes her mind and does not give her property to the husband, he can take her back as a wife without reciting the formula of marriage.

2542. The property which the husband takes in Mubarat divorce should not exceed the Dower of the wife. But in case of Khula' divorce, there is no harm if it exceeds her Dower.

Various Rules Ragarding Divorce

2543. If a man had sexual intercourse with a Non-Mahram woman under the impression that she was his wife, the woman should observe Iddah, irrespective of whether she knew that the man was not her husband or thought that perhaps he was her husband.

2544. If a man commits fornication with a woman knowing that she is not his wife, it is not necessary for the woman to observe Iddah. But if she thought that the man was probably her husband, as an obligatory precaution, she should observe the Iddah.

2545. If a man seduces a woman so that her husband decides to divorce her and then she can marry him, the divorce and marriage are in order, but both of them have committed a major sin.

2546. If a woman lays condition at the time of contract of marriage that if her husband goes on a journey or, for example, does not give her maintenance for six months, she will have the right of divorce, the condition is void. However, if she lays a condition that if her husband goes on a journey or, for example, does not give her maintenance for six months, she will be his agent for her own divorce, the condition is in order.

2547. If the husband of a woman disappears and she wishes to marry another man, she should approach a just qualified jurist and act according to his directive.

2548. The father and the paternal grandfather of an insane man can divorce his wife.

2549. If the father or paternal grandfather of a child contracts a temporary marriage between him and a woman, and a part of the period fixed for the marriage covers some of the time when the child will have attained the age of puberty, for example, if he contracts the marriage of a fourteen years old boy for a period of two years - he (the father or the paternal grandfather of the child) can exempt the woman from a part of the period of marriage if doing so, is in the interest of the child, but he cannot divorce the cild's permanent wife.

2550. If a man considers two person to be just (Adil) according to the standard prescribed in the Islamic Law, and divorces his wife in their presence, another person to whom their being just is not proved can, after the expiry of that woman's Iddah, marry her or give her in marriage to another person, although the recommended precaution is that he hould not marry her nor should he give her in marriage to someone else.

2551. If a person divorces his wife without inforing her, and he continues to maintain her the way he did when she was his wife, and after a year tells her that he divorced her a year ago, and also proves it he can take back from her the things which he supplied her during that - period if she has not used them up, but he cannot demand from her the things which she has already expended.

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