Mubaraah
Mubaraah is a form of divorce in Islamic law where the wife appears before a judge and relinquishes all her financial rights in exchange for a divorce. These financial rights may encompass the dowry she has previously received from her husband, the deferred dowry she would have obtained at the time of his death or normal divorce, and potentially a portion of the financial support rendered during their marriage, as well as additional financial compensation beyond what she has already received.
Etymology and Translations
- Arabic: مبارأة (Mubara’ah)
- Turkish: Barışmalı Boşanma
Legal Details
Financial Rights
In Mubaraah, the financial rights relinquished include:
- Pre-received Dowry (Mahr Mu’ajjal): The dowry given at the time of marriage.
- Deferred Dowry (Mahr Mu’akhar): The dowry to be paid upon the husband’s death or divorce.
- Maintenance Costs: Any financial support provided during the marriage.
Types of Baynuna
- Baynuna Sughra: The minor irrevocable divorce. It enables the couple to remarry if desired, provided a new marriage contract is signed and a new dowry is paid.
- Baynuna Kubra: The major irrevocable divorce, invoked if Mubaraah occurs for the third time, preventing remarriage unless the wife marries another man and that marriage is consummated and subsequently ended.
Process
The mubaraah process involves mutual agreement between the husband and the wife, under the supervision of an Islamic court. This type of divorce is known for its irrevocability unless a renewal of the marriage contract takes place, aligning it with the structure of Khul’, another form of divorce initiated by the wife.
Contemporary Practices
Modern practices may vary by cultural and local doctrinal interpretations; however, the fundamental elements of Mubaraah remain consistent across Islamic jurisprudence. It is noteworthy that Mubaraah differs from Khul’, where the wife typically compensates the husband, often by forfeiting her dowry, but does not entirely forsake all financial rights.
Further Reading
- “Islamic Family Law” by Mohammad Hashim Kamali
- “Women and Islamic Law in the Arab World” by Norman Calder
- “The Islamic Marriage Contract: Case Studies in Islamic Family Law” edited by Asifa Quraishi and Frank E. Vogel
Takeaways and Conclusion
Mubaraah signifies a significant aspect of Islamic marital jurisprudence, highlighting the rights and responsibilities of the involved parties within the religious and cultural framework. By sacrificing her financial rights, the wife attains a responsible and consensual means of ending the marital relationship, emphasizing the concept of mutual agreement and juridical oversight within Islamic law.
Conclusion
Understanding the complexities of Mubaraah provides a profound insight into the socio-legal aspects of divorce in Islam. By facilitating an equitable way for a woman to exit matrimonial ties with honor and legal recognition, Mubaraah underscores the compassionate and structured nature of Islamic family law.
