Mobarat Divorce

2676. If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called Mubarat.

2677. If the husband wishes to pronounce the formula of Mubarat, and for example, his wife’s name is Fatima he should say: Bara’tu zawjati Ftimah ‘ala ma bazalat Fahiya Taliq (that is, my wife Fatima and I separate from each other in consideration of what she has given me. Hence, she is free). And if he appoints someone as his representative, the representative should say: An qibali muwakkili bara’tu zawjatahu Fatimata ‘ala ma bazalat Fahiya Taliq. And in either case, if he says: Bima bazalat, instead of the words ‘ala ma bazalat, there is no harm in it.

2678. It is necessary that the formula of Khula’ or Mubarat divorce is pronounced in correct Arabic. However, if for the sake of giving her property, the wife says in Farsi or any other language that: “I give you such and such property in lieu of divorce”, it will be sufficient.

2679. If during the waiting period of Khula’ or Mubarat divorce the wife changes her mind and does not give her property to the husband, he can take her back as a wife without Nikah.

2680. The property, which the husband takes in Mubarat divorce, should not exceed the Mahr of the wife. But in the case of Khula’ divorce, there is no harm if it exceeds her Mahr.