š What is Mubarat in Muslim Law?
- Mubarat (Arabic: āmutual releaseā) means both husband and wife agree they no longer wish to live together.
- Once both parties agree and the husband accepts the wifeās offer of separation, marriage ends immediately.
- It is irrevocable once pronounced and accepted.
𧾠Documents Required for Mubarat Divorce 1. Nikahnama (Marriage certificate) 2. ID Proofs of both spouses (Aadhaar, Passport, etc.) 3. Proof of Address 4. Mubarat Nama (Written agreement) 5. Photographs (passport-sized) 6. Affidavit declaring mutual consent 7. Settlement terms: ⢠Custody of children (if any) ⢠Maintenance/alimony (if applicable) ⢠Return of dowry articles or settlement thereof
āļø Sample Steps to Execute Mubarat (Mutual Divorce)
Step 1: Mutual Discussion ⢠Both parties agree to dissolve the marriage peacefully and voluntarily.
Step 2: Draft a āMubarat Namaā ⢠A written document that includes: ⢠Names and details of both spouses ⢠Date of marriage and reason for divorce ⢠Agreement to end marital ties ⢠Terms of settlement (Mehr, custody, maintenance, etc.)
Step 3: Sign in Presence of Witnesses ⢠Two adult Muslim witnesses (preferably male, or one male and two females)
Step 4: Optional: Notarize or Register ⢠Though not required under personal law, it is advisable to notarize the Mubarat Nama or get it recorded in a court.
Or file a declaration/Mutual Consent Divorce under Section 28 of the Special Marriage Act, 1954 in Family Court.