Gujarat HC Cites Quran, Says Muslim Couples Can Divorce Verbally

The Gujarat High Court has ruled that a Muslim couple can dissolve their marriage through Mubaraat, a form of divorce by mutual consent, without the need for a written agreement, citing the Quran and Hadith, ETV Bharat reported.

A division bench of Justice AY Kogje and Justice NS Sanjay Gowda set aside a Rajkot family court order that had rejected a couple’s plea for divorce under Mubaraat.

The lower court had held that the petition was not maintainable under Section 7 of the Family Court Act and that the absence of a written agreement made it invalid.

The High Court, however, said that Islamic law permits Mubaraat as a peaceful way to end marriage, relying on the Quran, regarded as the final authority in Islam, and the Hadith, the sayings of Prophet Muhammad.

It observed that while Mubaraat is not explicitly mentioned in the Quran, it aligns with the principle of ending a marriage “with honour or separate from her with grace,” as stated in the scripture.

The case involved a Rajkot-based couple married for several years who decided to separate. Their plea for divorce through Mubaraat was turned down by the family court, prompting them to approach the High Court.

The bench allowed the appeal, affirming that verbal mutual consent under Islamic law is valid for dissolving a marriage.

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