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Mubaraah


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A form of divorce in which the wife comes before a judge and forsakes all her financial rights in return for divorce. The financial rights may include the dowry she has already received from her husband and the delayed dowry that she would have expected at the time of his death or if he divorced her. It could also include part of the financial support he gave her during their marriage as well as financial compensation over and above what she has received from him. Such a divorce is always a baynuna sughra, which does not prevent the couple from remarrying if they so wish. However, if the mubaraah divorce is the third time the couple has divorced, then it is baynuna kubra, which prevents their remarriage without an intervening marriage between the wife and a third party. In a baynuna sughra, the divorce is irrevocable, so the husband cannot take back his wife unless she has agreed, a new marriage contract is signed, and a dowry is paid to her.

See also Khul; Marriage and Divorce: Modern Practices

Subjects: Islam.


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