Divorce on Mutual Consent (Muba’arat)

When both husband and wife feel an aversion for each other and they dissolve their marriage by agreement. It is called Muba’arat. The offer of separation in mubaraat may proceed either from the wife or husband as soon as it is accepted the dissolution is complete. If the divorce is with mutual consent on the basis of Mubaraat, husband cannot retract or withdraw such divorce nor does chairman Arbitration Council have any authority to adjudicate upon validity of such divorce. Talaq become final for all intents and purposes and husband thereafter cannot withdraw the same; chairman is bound to register the same. Documents of pronouncement talaq are a mutual revocation of contract of marriage. Such talaq is irrevocable from the date of its execution and provision of section 7 would be inapplicable in such a case. This kind of talaq can take effect immediately without awaiting expiry of 90 days.

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