Mubārāt (مباراة)
Mubārāt (مباراة) is an important concept in Islamic marital jurisprudence, specifically within the context of divorce. This term signifies a “mutual discharge” where both the husband and wife agree to dissolve their marriage amicably.
Etymology and Translation
- Etymology: The term “Mubārāt” (مباراة) is derived from Arabic, meaning mutual release or discharge.
- Translation:
- Arabic: مباراة
- Turkish: Mübâraat
Definition
Mubārāt refers to a specific kind of divorce in Islamic law where the husband says to his wife, “I am discharged from the marriage between you and me,” and the wife consents to this discharge. Unlike other forms of divorce, such as Ṭalāq (initiated by the husband) or Khulʿ (initiated by the wife with compensation), Mubārāt is characterized by mutual consent and mutual release from marital obligations.
Key Features and Comparison with Khulʿ
- Mutual Agreement: In Mubārāt, both parties mutually agree to end the marriage, while in Khulʿ, the wife initiates the divorce by offering compensation to the husband.
- No Compensation Required: Mubārāt does not involve the wife offering compensation to the husband, unlike Khulʿ.
- Divorce Initiation: The divorce initiation comes typically from the husband but must be equally accepted by the wife under Mubārāt.
Legal and Social Implications
- Islamic Jurisprudence: Mubārāt is acknowledged and detailed in classical Islamic legal texts and is a recognized form of divorce within Islamic jurisprudence.
- Equal Rights: It advocates for mutual consent, highlighting a form of egalitarian ethics within Islamic marital law.
Further Studies
For a more comprehensive understanding of Mubārāt and related concepts in Islamic jurisprudence, consider the following books:
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee.
- “The Islamic Marriage Contract: Case Studies in Islamic Family Law” edited by Asifa Quraishi and Frank E. Vogel.
- “Islamic Law and Society” edited by Chibli Mallat.
Takeaways
- Mutual Consent: Mubārāt emphasizes the role of mutual consent in dissolving a marriage.
- Distinct from Khulʿ: While similar to Khulʿ in aiming to dissolve the marriage, Mubārāt does so without financial compensation or initiation by the wife.
- Legal Recognition: This term is well-established in Islamic jurisprudence and recognized by Islamic legal scholars.
Conclusion
Mubārāt (مباراة) provides an alternative, consensual method of divorce within Islamic law, illuminating the flexibility and mutual respect inherent in Islamic matrimonial jurisprudence. It stands as a testament to the balanced approach towards marriage and divorce in Islam.
