The concept of dissolution of marriage in Muslim law holds a unique position within the broader framework of personal laws worldwide, balancing between religious principles and evolving human rights norms. This research examines the position of dissolution of Muslim marriage from an international perspective, highlighting the diverse interpretations and applications of Islamic principles. While Islamic law grants both men and women the right to seek dissolution through various forms such as talaq and khula, its implementation varies significantly from one country to another due to differing legal frameworks, cultural contexts, and levels of judicial reform. This paper analyzes the position of dissolution of Muslim marriage from an international perspective with particular reference to arbitration, emphasizing the Quranic injunction that encourages mediation and arbitration through appointed representatives from both families before divorce is finalized. The research concludes that arbitration in Muslim matrimonial disputes serves as a vital mechanism to ensure justice, protect women’s rights, and prevent arbitrary dissolution of marriage. Thus, the integration of arbitration principles into the dissolution of Muslim marriages reflects a harmonious blend of religious ethics, legal pluralism, and contemporary notions of dispute resolution in an increasingly globalized world.
[1] Hafiz Falak Shair Faizi et al.,"Divorce and Khula: A Comparative Study of Prevailing Family Laws in Pakistan and Malaysia,”22 Pakistan Journal of Life and Social Sciences (PJLSS)1109 (2024).
[1] Mohd Amir bin Abdullah, “Analyzing the Dynamics Between Sharia Law and Civil Law in Governing Divorce Proceedings Among Muslims in Malaysia and Comparing Legal Outcomes,” 3 Law and Economy 29–38 (2024).
[1] Md. Mofidul Islam, “The Reformative Role of PersonalLawand Judicial Proceedingsfor Upgradingthe Marital Statusof Women Under Islamic Lawin India and Abroad,”11 International Journal of Management (IJM) 667 (2020).
[1] Mohammad Ainul Hakim Hakim, “Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore,” 6 Legitima Jurnal Hukum Keluarga Islam 63–80 (2024).
[1] Corinne Fortier, “The Right to Divorce for Women (khul`) in Islam:Comparative Practices in Mauritania and Egypt”, Interpreting Divorce Laws in Islam161(2012).
[1] (2017) 9 SCC 1.
[1] Mohammad Ainul Hakim Hakim, “Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore,” 6 Legitima Jurnal Hukum Keluarga Islam 63–80 (2024).
[1] Ibid.
[1] Ahmad Rezy Meidina, “Legal System of Polygamy and Divorce in Muslim Countries: Comparative Studies among Turkey, Pakistan, and Indonesia,” 5 Matan?Journal of Islam and Muslim Society 15 (2023).
[1] Prof. K.H. Saifuddin Zuhri, “The Dynamics of Polygamy and Divorce in Muslim Contries,” 2 El-Akwal Journal of Sharia and Comparative law 146 (2023).
[1] Mohammad Ainul Hakim Hakim, “Marriage Dispute Resolution in Muslim Populated Countries: A Comparative Study of Divorce Law in Indonesia and Singapore,” 6 Legitima Jurnal Hukum Keluarga Islam 63–80 (2024).
[1] Ahmad Rezy Meidina, “Legal System of Polygamy and Divorce in Muslim Countries: Comparative Studies among Turkey, Pakistan, and Indonesia,” 5 Matan?Journal of Islam and Muslim Society 15 (2023).
[1] Rita Pranawati, “Changes in Muslim Divorce Mediation in Indonesia: A Case Study of the Yogyakarta Religious Court” International Journalof Indonesian Studies 32 (2017).
[1] Ibid.
[1] Mohd Amir bin Abdullah, “Analyzing the Dynamics Between Sharia Law and Civil Law in Governing Divorce Proceedings Among Muslims in Malaysia and Comparing Legal Outcomes,” 3 Law and Economy 29–38 (2024).
[1] Hafiz Falak Shair Faizi et al., “Divorce and Khula: A Comparative Study of Prevailing Family Laws in Pakistan and Malaysia,” 22 Pakistan Journal of Life and Social Sciences (PJLSS)1109(2024).
[1] Nadzrah Ahmad et al., “The Application of Reconciliation in Muslim Divorce Cases Caused by the Domestic Violence: An Analysis Between Islamic and Malaysian Law,” 11 International Journal of Academic Research in Business and Social Sciences 263–73 (2021).
[1] Hafiz Falak Shair Faizi et al., “Divorce and Khula: A Comparative Study of Prevailing Family Laws in Pakistan and Malaysia,” 22 Pakistan Journal of Life and Social Sciences (PJLSS) (2024).
[1] Ibid.
[1] Mohd Amir bin Abdullah, “Analyzing the Dynamics Between Sharia Law and Civil Law in Governing Divorce Proceedings Among Muslims in Malaysia and Comparing Legal Outcomes,” 3 Law and Economy 29–38 (2024).
[1]Ibid.
[1] Supra note 20.
[1] Prof. K.H. Saifuddin Zuhri, “The Dynamics of Polygamy and Divorce in Muslim Contries,” 2 El-Aqwal Journal of Sharia and Comparative law 140 (2023).
[1] Prof. K.H. Saifuddin Zuhri, “The Dynamics of Polygamy and Divorce in Muslim Contries,” 2 El-Aqwal Journal of Sharia and Comparative law 142 (2023).
[1] Prof. K.H. Saifuddin Zuhri, “The Dynamics of Polygamy and Divorce in Muslim Contries,” 2 El-Aqwal Journal of Sharia and Comparative law 143 (2023).
[1] Aisha Waraich et al., “Distinction between Khula and Divorce Under Pakistani Law: A Doctrinal Analysis,” 3 The Critical Review of Social Sciences Studies 2370–86 (2025).
[1] Md. Mofidul Islam, “The Reformative Role of Personal Law and Judicial Proceedings for Upgrading the Marital Status of Women Under Islamic Law in India and Abroad,” 11 International Journal of Management (IJM) 667 (2020).
[1] Shabina Khalifa, “Divorce Practices in Islam & Other Religions” 163-164(Unpublished, 2023).
[1] Mohammad Reza Marandi and Zeynab Farzizadeh, “A comparative study of divorce laws in Islamic jurisprudence and Iranian law,” 5 (2017).
[1] Ibid.
[1] Ehsan Zar Rokh, “Marriage and Divorce Under Iranian Family Law” SSRN Electronic Journal 41 (2011).
