Islamic Laws

Mubarat divorce

2540. If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called 'Mubarat'.

2541. If the husband wishes to pronounce the formula of Mubarat, and for example, his wife's name is Fatima he should say: "Bara'tu zawjati Fatimah 'ala ma bazalat". And as an obligatory precaution, he must add: "Fahiya Taliq", that is "my wife Fatima and I separate from each other in consideration of what she has given me. Hence, she is free." And if he appoints someone as his representative, the representative should say: "An qibali muwakkili bara'tu zawjatahu Fatimata 'ala ma bazalat Fahiya Taliq". And in either case, if he says: "bima bazalat" instead of the words "'ala ma bazalat" there is no harm in it.

2542. It is necessary that the formula of Khula' or Mubarat divorce is pronounced in correct Arabic. And if that is not possible, then the rule explained in 2517 will apply. However, if for the sake of giving her property, the wife says in English or any language that: "I give you such and such property in lieu of divorce" it will be sufficient.

2543. If during the waiting period of Khula or Mubarat divorce the wife changes her mind and does not give her property to the husband, he can take her back as a wife without Nikah.

2544. The property which the husband takes in Mubarat divorce should not exceed the Mahr of the wife. But in the case of Khula' divorce, there is no harm if it exceeds her Mahr.