We often see that Couples are not educated enough about talaq/ Divorce and its correct procedure and this leads them to lots of trouble.
Do you know that If the wife comes angrily to her husband and says: “I cannot live with you any more. Divorce me!” And the husband replies: “Okay, I leave you.” In such a case, the woman must consider this to be a divorce.
If a person called his wife and addressed her as a “divorcee”. Divorce will take place even if he says this jokingly.
Talaq can be given in clear/ sarih words like ” I divorce you” or it can be given in vague words like “I have nothing to do with you” intending divorce so the ruling in both cases are different. The talaq given in clear words becomes Talaqe raji and the one given in Vague words becomes Talaqe bain. Sadly we don’t even know that words uttered from our mouth can be so serious.
If a person wants to give divorce, just saying “I give you Talaq” once is enough. He doesn’t has to say this 3 times. If 3 talaq applies and if the couple want to get married again, they have to take the option of halala. So couples must be very very cautious in this regard.
Lack of ilm makes a person fall into odd circumstance. A good way to divorce is to say clearly that he divorces her. Talaq will have occured. If within her iddah, he takes her back he doesn’t even have to marry her again.It is called Talaq’e raji . If her iddat period ends then this talaq becomes Talaqe bain and he shall have to marry her again.
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When Talaqe Bain occurs, nikah is annulled and they can no more live together.The safe course is to give just 1 talaq.
Many people talk lots about halala and say Islam is cruel but if someone really knows about Islam they will know that halala is the last option. It protects a woman from becoming a toy of getting married and being divorced again and again by the same husband. The husband has 3 chance to give talaq and get her back after that he has to go through the pain of seeing her getting married to another man. Only if the other man divorces her or dies then can he get her back in his life. If it is not the 1 hour halala that some molvies and agents have made.The thing they do is business, a mockery and is sinful although the halala is still valid.
So we all should be educated about “Nikah and Talaq”. Let us read about Talaq. This is in accordance to Hanafi jurispendence ruling.
The 3 types of Talaq
Talaq is of 3 types:
The First Type of Talaq : Is that the nikâh is completely annulled and it is not permissible to live with the man without renewing the nikâh. If the woman wishes to stay with this man again, and the man also agrees to keep her, they will have to have their nikâh performed again. Such a talâq is known as talâqul bâ’in.
The Second Type: Is that if the husband and wife wish to remarry, then after completing the ‘iddah for the first divorce, she will have to marry another person. When he divorces her, she will have to complete the ‘iddah for this second divorce. Only then will it be permissible for her to remarry her first husband. Such a talâq is known as talâqul mughallazah.
The Third Type: Is that the nikâh has not broken as yet. If the husband divorces his wife by uttering the words of divorce one or two times and thereafter regrets his action, it will not be necessary to renew this nikâh. He can live with this wife without performing another nikâh and it will be permissible for them to live as a normal couple. However, if the man divorced her and maintained this divorce of his, i.e. he did not regret his action nor did he decide to continue living with his wife, then the moment the ‘iddah of talâq expires, the nikâh will break and the woman will be separated from her husband. As long as the ‘iddah does not expire, the man has
the choice of either keeping his wife or not keeping her. Such a talâq is known as talâqur raj’î. It should be borne in mind that if the husband issues three talâqs, he will not have the choice of keeping his wife.
When the husband issues one or two divorces that are raj’î, he has the choice or right to revoke such a divorce before the expiry of the wife’s ‘iddah. In such a case, there is no need to renew the nikâh. The woman has no choice in this matter – he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce.
The method of revoking the divorce is as follows: (1) he could inform her in clear terms: “I am going to maintain you as my wife and I will not let you go.” (2) he could tell her: “I am taking you back into my nikâh”. (3) he could inform someone else without informing his wife that he has decided to keep his wife and revoked the divorce. (4) he does not say anything verbally, instead he has sexual intercourse with her, kisses her, fondles her, touches her with the passions of youth. In all these cases, she becomes his wife once again and there is no need to renew the nikâh.
If the ‘iddah of the wife has expired and then the husband decides to revoke the divorce, it will not be possible. Now, if the wife agrees and is happy to go back to her husband, the nikâh will have to be renewed. He cannot keep her without remarrying her. Even if he keeps her, it will not be permissible for the wife to live with him.
The ‘iddah of talâq for the woman who experiences the monthly menstrual periods is three hayd periods. When she completes three hayd periods, her ‘iddah expires.
2 ways to divorce
There are two ways in pronouncing or issuing the talâq.
The First Way: Is that the husband clearly utters: “I divorce you” or “I divorce my wife.” In other words, he issues the divorce in such clear words that there is no possibility of taking any other meaning from these words. Such a divorce is known as talâq-e-sarîh. Talaqe raji happens through sarih words.
The Second Way: Is that the husband does not utter the words of divorce clearly. Instead, he speaks in very vague terms from which divorce could be deduced and from which some other meaning could also be taken, e.g. the person says: “I have distanced you from me.” From this, it could be deduced that he said: “I divorce you” or “I have not divorced you, but I will not keep you with me. Remain with your parents. I will not even bother about you.”
Alternatively, he could have said: “I will have no contact with you.” “I have no need for you.” “You have been separated from me.” “I have separated you from me.” “I have separated you from my house, go away.” “Get out.” “Go far from here.” “Go away to your parents.” “Go away to your house.” “I will not accommodate you any longer.” Uttering any of the above words or other words similar to these, in which there is the possibility of several meanings is known as
talâq-e-kinâyah. Talaqe Bain occurs through Kinaya/ vague words.
If the divorce is issued in clear terms, divorce will take place the moment the words are uttered. This is irrespective of whether one had the intention of divorcing his wife or not, or whether he issued the divorce jokingly. When a divorce is issued in clear terms, the third type of divorce will take place. That is, the husband has the choice of keeping or divorcing his wife until just before the expiry of her ‘iddah. By uttering the divorce once, only one divorce will come into effect – not two nor three. However, if he utters the divorce three times, or says: “I give you three talâqs”, three talâqs will take place.
A person issued one divorce. As long as the wife is in her ‘iddah, he has the right to issue her a second or a third divorce. If he issues a second or third divorce, it will be valid and come into effect.
If a man issues three divorces to his wife, she becomes completely harâm for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a
second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can
only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband.
If a person issued a talâqur raj’î to his wife. Thereafter he decided to keep his wife. After a few years he became angry over some matter and therefore issued another talâqur raj’î (in which he has the right of keeping his wife). When his anger subsided, he decided to keep his wife and did not let her go. These divorces that he issued will be counted as two divorces. If, at some time or the other, he issues one more divorce, it will total three divorces. And the couple has to undergo halala if they wish to marry again else she can refuse him and marry any one else and live in dignity.
Similarly, if a person issues a talâqul bâ’in (in which he does not have the right to keep his wife), the marriage will be annulled.Thereafter, he regretted his action and both of them decided to remarry. After some time, he became angry with her again and issued a
talâqul bâ’in. After his anger subsided, he remarried her. He thus issued two divorces. If he issues one more divorce, the same rule will apply. That is, he cannot remarry her unless she marries another person first.
Read other articles on Nikah and Talaq.