Sep 25, 2017
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Muslim divorce: Dissolution of Muslim Marriage act,1939

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Muslim Divorce

The article Muslim divorce is an overview on the grounds of divorces that are available for either of the parties to the marriage and its also elaborate the general principles in which the Muslim marriage stands resolved. Muslim marriage basically divided into Judicial Divorce, Extra-judicial Divorce and Dissolution of marriage in case of death of the party to the marriage  i.e., either husband or wife.

Judicial Divorce:

Qazi Mohammad Ahmad Kazmi had introduced a bill which became law on 17th March 1939 and thus stood the Dissolution of Muslim Marriages Act 1939 in the Legislature:

The Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court they are as under:

  • If Husband have not known for a period of four years
  • Husband has neglected or has failed to provide for her maintenance for a period of two years
  • Husband has sentenced to imprisonment for a period of seven years or upwards
  • If Husband has failed to perform, without reasonable cause, his marital obligations for a period of three years
  • Husband was impotent
  • Husband has been insane for a period of two years or is suffering from leprosy or a virulent veneral disease
  • She, having been given in marriage by her father or other guardian before she attained the age of fifteen years, irrespective of consummation of marriage
  • Husband treats her with cruelty

Extra-judicial Divorce:

However Extra-judicial Divorce is further classified into three types of Muslim divorce:

  1. Divorce by Husband (flowchart)
  2. Divorce wife: Divorce by wife (flowchart)
  3. Mutual consent : Divorce by mutual consent (flowchart)

Divorce by Death of party to Marriage:

Marriage stands dissolve or terminated immediately on death of the husband or wife under Muslim personal law systems. The very fact of the death of any party to the marriage is sufficient to terminate the marriage.

However, in this case, the wife has to follow the Iddat period for four months and ten days from the date of husband’s death.

If she is pregnant at the time of husbands death, it continues till the delivery of the child, or four months ten days whichever is longer.

Unless  the completion of Iddat period ,wife has restrained to remarry

However, in case of widow husband, he is free to marry of his own will to another women. Unlike widow wife husband not required to follow the Iddat period.


For finding lawyers related to Muslim divorce, visit Near law  

Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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