Write notes on the folowing: *Khul *Faskh *Mubara'ah *Li'an

Answer Details

The following are forms of dissolution of marriage in Islamic law.

1. Khul' (divorce at the instance of the wife): Khul' is a form of separation in which the wife, disliking her husband or the marriage, seeks release by returning the dowry (mahr) she received, or an agreed compensation, to the husband. It is based on the case of the wife of Thabit b. Qays, whom the Prophet (S.A.W) directed to return the garden given to her as dowry, after which the separation was granted. It is therefore a redemptive divorce initiated by the wife with the husband's agreement.

2. Faskh (judicial annulment): Faskh is the dissolution of a marriage by the decision of a qadi (Islamic judge) at the request of one of the parties, usually the wife, on legitimate grounds. Such grounds include the husband's cruelty, impotence, insanity, a serious incurable disease, failure to maintain the wife, or his prolonged absence or desertion. It requires the intervention of the court and cancels the marriage contract.

3. Mubara'ah (divorce by mutual agreement): Mubara'ah is a separation by the mutual consent of both husband and wife when they no longer wish to continue the marriage. Each party releases the other from the marital bond, and any financial claims between them are settled or waived by agreement. It differs from khul' in that the desire to part is mutual rather than only from the wife.

4. Li'an (mutual imprecation): Li'an is the procedure that arises when a husband accuses his wife of adultery, or denies the paternity of a child, but has no witnesses to prove it. Each spouse takes oaths four times affirming their position, and on the fifth invokes the curse or wrath of Allah upon themselves if lying. The husband swears to the truth of his accusation; the wife swears to her innocence. The result is permanent separation of the couple, and the child, if any, is attributed to the mother.

Conclusion: Khul', faskh, mubara'ah and li'an are all recognised ways by which a marriage may be dissolved in Islam, each with its own conditions, showing that Islamic law provides orderly and just means of ending a marriage when necessary.