Mubarat divorce
Mubarat divorce (Arabic: طلاق المباراة) is a type of divorce in which due to lack of love between the man and the woman, the woman pays the dowry or another property to the man so that he divorces her. Mubarat divorce is among ba'in divorces in which the man cannot return to the woman; i.e. during the 'idda period, the man cannot make her his wife again without reciting the marriage formula. However, in mubarat divorce, during the 'idda period, the woman may withdraw from her giving. In such a case, the man can return to her like rij'i divorce.
Divorce
Lifting marriage bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula;[1] but, opposite to marriage, it is among unilateral contracts and is only carried out by the man.[2] In Islam, divorce is legitimate and permissible;[3] but according to hadiths, it is the most disapproved permissible act before God.[4]
Definition
Mubarat divorce is a type of divorce in which due to lack of love between the man and the woman, the woman pays the dowry or another property to the man so that he divorces her.[5] Mubarat divorce is among ba'in divorces.[6]
Rules
Some of the rules of mubarat divorce are as follows:
- The method of mubarat divorce is different from normal divorce. In mubarat divorce, after the woman or her agent gives up the dowry, the man or his agent recites the mubarat divorce. In the formula of mubarat divorce, the verb "bara't-u" is used to show that the divorce is mubarat.[7]
- Mubarat divorce is among ba'in divorces. Therefore, the man cannot return to the woman; i.e. during the 'idda period, the man cannot make her his wife again without reciting the marriage formula.[8]
- In mubarat divorce, during the 'idda period, the woman may withdraw from her giving. In such a case, the man can return to her like rij'i divorce.[9]
- In mubarat divorce, the property the man takes from the woman should not be more than her dowry.[10]
Similarities and Differences between Khul' and Mubarat Divorces
Both khul' and mubarat divorces are ba'in, in which the man cannot return to the woman.[11] Also, contrary to rij'i divorce in which only the man can divorce the woman, khul' and mubarat divorces can be carried out by a settlement between the man and the woman. Some of the differences between the two divorces are as follows:
- In khul' divorce, only the woman lacks love toward the man; but, in mubarat divorce, both spouses lack love toward each other.
- In mubarat divorce, the property the woman pays to the man should not be more than her dowry; but, in khul' divorce, it may be more.[12]
Notes
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 356.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 97.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 194.
- ↑ Kulaynī, al-Kāfī, vol. 6, p. 54.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 535.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 227.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 535.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 227.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 536-537.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 536-537.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 227.
- ↑ Khomeini, Taḥrīr al-wasīla, vol. 3, p. 631.
References
- Kulaynī, Muḥammad b. Yaʿqūb al-. Al-Kāfī. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
- Khomeiniī, Sayyid Rūḥ Allāh. Tawḍīḥ al-masāʾil (muḥashā). Edited by Sayyid Muḥammad Ḥasan Banī Hāshimī Khomeinī. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH.
- Khomeini, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. Translated to Farsi by ʿAlī Islāmī. edition 21. Qom: Daftar-i Intishārāt-i Islāmī wābasti bi Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1409 AH.
- Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1392 Sh.
- Mishkinī, ʿAlī. Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH.