Of course, when it comes to the demand for Uniform Civil Code, we are simply demanding that all bad and discriminatory social practices (across religions) must be scrapped…irrespective of the religions that we are talking about. However, since it was the Shah Bano case that triggered the entire debate surrounding the Uniform Civil Code, that’s what we must deal with first!
Especially considering that when it comes to understanding Divorce and Marriage in Islam, there aren’t many who can claim to have complete understanding vis-a-vis the modes and methods of divorce, as permitted by the Quran and/or the Muslim Personal Law that governs all Muslims of this land. [Note to reader: In case you are wondering why Quran and the Muslim Personal Law are mentioned distinctively, hold on…for we will examine that point as well.]
One of the most common perceptions that exist amongst people is that only the man is permitted to obtain a divorce from his wife, by pronouncing triple talaq (not surprising, however, since the entire discourse in the last few years has revolved around triple talaq), which is why we need to understand divorce in Islam a little more clearly.
You see, under Muslim Personal Law, divorce is of three types. There’s one that occurs at the behest of the husband, there’s another that occurs at the behest of the wife; and then there’s a third that is consensual. These three types of talaq (or divorce) are referred to as 1) Talaq (at the instance of the husband), 2) Khula (at the instance of the wife), and 3) Mubara’at (through their mutual consent).
While, we have already discussed Talaq (at the behest of the husband) in an earlier article, today we will take a closer look at Khula and Mubara’at. Section 319 of Mulla’s Principles of Mohammedan Law by Hidayatullah covers the provision related to Khula and Mubarat. In the case of Khula, the wife offers to compensate her husband for giving her the right of divorce. For this, she not only releases her right to dower or ‘Mehr’ but she may also make other provisions to compensate her husband for granting her the divorce. Thus, if you really think about it…Khula, as such, is practically the woman “buying” a right of divorce from her husband. Hence, in the case of Khula, the husband releases the woman from marriage in exchange for consideration. [Although, it is interesting to note that if the wife fails to pay the consideration to her husband post the granting of divorce, the husband has no right to revoke the divorce itself although he has the right to sue her for nonpayment.]
Mubara’at is a divorce by mutual consent, wherein the offer for divorce may come from either the husband or the wife. However, if the husband asks for a divorce but the wife is averse to it, the divorce cannot be called a Mubara’at, for which both parties’ consent is a prerequisite for the divorce.
Hence, the preconceived notion that only men can divorce their wives is a slightly skewed perception. Truth is, the woman too can initiate a divorce although it comes at a price!
