KHULA & MUBARA'AT

A Muslim marriage may be dissolved with the consent and at the instance of the wife if she gives or agrees to give a consideration to the husband for her release from the marriage tie. Such dissemination of marriage is called "khula".

Essentials of Khula:

The essentil of Khula are under:

1. There must be an offer from the wife.
2. The offer must be accepted with the consideration(evaz) for the release.
3. The offer must be accepted by the husband.

Capacity For Khula:

Under the Sunni Law, only two requisites are essential, i.e., the husband must be:

1. Adult
2. Of sound mind.

Under the Shia Law, the four conditions necessary for the effectuation of a valid talaq are also requisites for the performance of Khula accordingly; that is, the husband must be:

1. Adult (Baligh)
2. Sound mind (Aqil)
3. Free Agent (Mukhtar)
4. Intention to divorce her.

H.MUBARA'AT

A Muslim marriage may be dissolved by an agreement made by the hubsand and the wife mutually agreeing to dissolve the marriage. Such dissolution of marriage is called, " Mubara'at ".

Mubara'at

The " Mubara'at " or " Mubaraa " literally means the act of freeing each other by mutual consent. The aversion in Mubara'at is mutual and the proposal for divorce emanate from either the husband or the wife, but in Khela it takes place at the instance of the wife and the wife alone desires divorce and asks her husband to give his consent.

Form of expression in Mubara'at

No paticular form is required under Sunni Law. But mutual agreement must be made at the same meeting and the word " Mubara'at ", must be clearly expressed in the proposal.