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Mubarat refers to a mutual agreement between a husband and wife to divorce each other. It is a form of divorce by mutual consent under Islamic law. Unlike Talaq, where the husband initiates the divorce, or Khula, where the wife seeks divorce from the husband, Mubarat occurs when both parties agree to terminate the marriage voluntarily.
In Pakistan, Mubarat is recognized under Islamic law and is codified in the Dissolution of Muslim Marriages Act, 1939, and Family Laws Ordinance, 1961. If both the husband and wife agree to divorce, they can approach the Family Court to formalize the divorce through Mubarat.
Legal Remedies for Mubarat in Pakistan:
Solution: The husband and wife can jointly file a petition for Mubarat in the Family Court, expressing their mutual consent to dissolve the marriage.
Legal Basis: Under Section 7 of the Family Courts Act, 1964, and Section 2 of the Dissolution of Muslim Marriages Act, 1939, both parties can approach the Family Court for a mutual divorce. The court will review their consent and pass a decree of divorce.
Action: The couple can jointly file a petition with the Family Court, where both parties will state their mutual consent for divorce. The court will then issue a divorce decree.
Solution: In Mubarat, the husband and wife can mutually agree on the terms related to Mehar (dower), financial settlements, and division of property.
Legal Basis: Islamic law allows the wife to receive Mehar as a right in case of divorce, including in Mubarat. Additionally, any property or financial settlements can be negotiated.
Action: The parties can negotiate the return of the Mehar or agree to waive it, depending on their mutual understanding. The Family Court will ensure that the terms of the settlement are fair and enforceable.
Solution: If the couple has children, they may also mutually agree on custody and maintenance arrangements. In case of disagreement, the court will intervene to ensure the best interests of the children.
Legal Basis: Under Section 9 of the Guardian and Wards Act, 1890, the Family Court can determine the custody of children based on the welfare of the children. Maintenance of children can be determined under Section 20 of the West Pakistan Family Courts Act, 1964.
Action: The couple can agree on custody and maintenance. If there is a dispute, the Family Court will decide based on the children’s welfare.
Solution: If the husband or wife refuses to comply with the terms of the Mubarat agreement, such as the payment of Mehar, maintenance, or custody, the affected party can seek enforcement of the divorce terms in court.
Legal Basis: Under the Family Courts Act, 1964, the Family Court has the authority to enforce the terms of divorce, including the division of property, maintenance, and other financial settlements.
Action: The spouse who is facing non-compliance with the divorce terms can file an enforcement petition in the Family Court to compel the other party to fulfill the agreed terms.
Solution: If one party is reluctant to finalize the divorce despite the mutual agreement, the spouse seeking the divorce may seek restitution of conjugal rights or judicial separation.
Legal Basis: Islamic law allows for the restitution of conjugal rights if one spouse is unwilling to perform their marital duties. Under Section 9 of the Family Courts Act, 1964, a spouse can seek judicial separation.
Action: The spouse can file a petition for restitution of conjugal rights in the Family Court, asking the court to either grant the divorce or separate them judicially if the marriage cannot continue.
Solution: If the Family Court rejects the Mubarat petition for divorce, the couple can file an appeal in the higher courts (such as the High Court or Shariat Court).
Legal Basis: Under Section 10 of the Family Courts Act, 1964, any party dissatisfied with the decision of the Family Court has the right to appeal the decision in a higher court.
Action: If the Family Court does not approve the Mubarat divorce, the parties can file an appeal to challenge the decision. The higher court will review the facts and pass a judgment based on the mutual consent of both parties.
Solution: If either party cannot afford legal assistance, they can apply for legal aid to proceed with the Mubarat process.
Legal Basis: Under the Legal Aid Ordinance, 1980, individuals who cannot afford legal representation can receive aid from the government or legal aid organizations.
Action: Either party can seek legal aid to file the Mubarat petition, ensuring they have access to legal counsel and proper representation without financial constraints.
Solution: Mubarat allows the couple to dissolve the marriage quickly if both parties agree to the divorce. This is faster than contested divorces like Talaq or Khula.
Legal Basis: The Family Court is required to grant divorce within 90 days of the filing of the Mubarat petition under the Family Courts Act, 1964.
Action: The couple can jointly file for Mubarat and, if all terms are settled, the court can finalize the divorce quickly by issuing a divorce decree.
Solution: If the husband and wife are in disagreement over some terms of the divorce, the Family Court may encourage mediation to reach a mutual settlement.
Legal Basis: Under the Family Courts Act, 1964, courts can recommend mediation to settle any disagreements between the spouses, especially regarding property division, Mehar, and custody.
Action: The Family Court may refer the case to a mediator or encourage the couple to settle their differences amicably before proceeding with the Mubarat divorce.
Mubarat is a mutual divorce agreement in Islamic law where both spouses agree to dissolve the marriage. In Pakistan, legal remedies for Mubarat include filing a joint petition in Family Court, negotiating terms such as Mehar, property division, and custody of children, and seeking enforcement if either party defaults on the agreement. If the divorce is contested or denied, the affected party can appeal the decision, seek judicial separation, or file for restitution of conjugal rights. Mubarat provides a less contentious and more cooperative route to divorce when both parties are in agreement. Our team of Mubarat Lawyers in Islamabad and Peshawar regularly represent our clients before courts of Pakistan in issues pertaining to mubarat.