Here it is necessary to point out here that the main source of Islamic Law is the Holy Book of Quran and it is a strong belief of every Muslim that it contains nothing which can be termed as a social evil as it is a book not written by a human being but a revelation from God Allah for the benefit of entire mankind.
Muslims believe that the Quran was verbally revealed by God to Muhammad S. W through the angel Gabriel. Therefore, it becomes necessary to bring out what the holy book Quran says about Talaq. However, if it becomes impossible to resolve disputes between the husband and wife then the Holy Quran itself provides for the procedure to be followed for the dissolution of marriage in an amicable manner that too with a possibility of revocation of the same.
It is also called as revocable Talaq for the reason that Talaq does not become final at once and there always remain a possibility of compromise between the husband and wife. Only this kind of Talaq was in practice during the life of the Prophet. This is the most proper form of repudiation of marriage. The reason is twofold: First, there is possibility of revoking the pronouncement before expiry of the Iddat period.
Secondly, the evil words of Talaq are to be uttered only once. Being an evil, it is preferred that these words are not repeated.
In the Ahsan Talaq there is a single declaration during the period of purity followed by no revocation by husband for three successive period of purity. In this form, the following formalities are required: a The husband has to make a single pronouncement of Talaq during the Tuhr of the wife.
As such, the period of Tuhr is the period during which cohabitation is possible. But if a woman is not subjected to menstruation, either because of old age or due to pregnancy, a Talaq against her may be pronounced any time. If she is pregnant at the time of pronouncement the Iddat is, till the delivery of the child. During the period of Iddat there should be no revocation of Talaq by the husband. Revocation may be express or implied. Cohabitation with the wife is an implied revocation of Talaq.
If the cohabitation takes place even once during this period, the Talaq is revoked and it is presumed that the husband has reconciled with the wife. When the period of Iddat expires and the husband does not revoke the Talaq either expressly or through consummation, the Talaq becomes Irrevocable and final.Quran:  "You shall not accept any information, unless you verify it for yourself. I have given you the hearing, the eyesight, and the brain, and you are responsible for using them.
Quran:  "O ye who believe! Avoid suspicion as much as possible : for suspicion in some cases is a sin: And spy not on each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, ye would abhor it But fear Allah.
That is, divorce carried out in accordance with the teachings of Muhammad s. And so if one of the previously mentioned conditions is violated, the divorce process is considered as having been carried out in an innovated manner.
The scholars of Islam have differed on the issue of whether divorce uttered while a woman is in menses is actually counted. The majority of the scholars say that the divorce has taken place and it is to be counted. The correct opinion and Allah knows best is that of the majority of the scholars, that is, the one who divorces his wife whilst she is in a state of menses is counted as one divorce.
Firstly, that it is prohibited for a husband to divorce his wife during menstruation period.Talaq-e-Ahsan: The husband gives talaq to wife in a single sentence in state of purity tuhr and waits for period of iddat. This type of talaq is revocable during the period of iddat.
After iddat, it becomes irrevocable. Talaq-e-Hassan : There must be 3 successive pronouncements of talaq, BUT three pronouncements are to be made in 3 successive tuhrs in case of menstruating women OR consecutive intervals of 30 days in case of non-menstruating women. It can be revoked anytime before the third pronouncement.
After third pronouncement, it becomes irrevocable. Talaq-e-biddat: Triple Talaq.
Procedure of Talaq Divorce In Islam
Bidat word stands for innovation, and therefore this type of talaq is not purely Islamic. It was innovated later during the Umayyads to suit patriarchy. Here 3 pronouncements can be made during a single tuhr. Instant Talaqi. It becomes irrevocable immediately when it is pronounced irrespective of iddat.
In this they cannot remarry without the formality of the woman marrying another man and being divorced from him. This is called Halalah. Pre-planned Halalah is considered a sin. Where the husband is of sound mind and of the age of majority, swears by God that he will not have sexual intercourse with his wife and leaves the wife to observe iddat.
He must abstain from sexual intercourse with his wife for four months or more after taking the vow. It can be canceled by — resuming sexual intercourse within the period of four months or by a verbal retraction. It is not in practice in India. When the husband charges the wife with adultery or denies the paternity of her child, and the charge is false, the wife is entitled to sue for and obtain divorce.Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife.
The theory and practice of divorce in the Islamic world have varied according to time and place. According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce.
The Quran substantially reformed the gender inequity of divorce practices that existed in pre-Islamic Arabia, although some patriarchical elements survived and others flourished during later centuries.
In this system, women were particularly vulnerable. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man. The subject of divorce is addressed in four different surahs of the Quran, including the general principle articulated in . If you divorce women, and they reach their appointed term, hold them back in amity or let them go in amity.
Do not hold them back out of malice, to be vindictive. Whoever does this does himself injustice". Classical Islamic law is derived from the scriptural sources of Islam Quran and hadith using various methodologies developed by different legal schools. The term talaq is commonly translated as "repudiation" or simply "divorce".
Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The husband is obligated to financially support her until the end of the waiting period or the delivery of her child, if she is pregnant. In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage.
Giving the husband a prerogative of repudiation was based on the assumption that men would have no interest in initiating a divorce without good cause, given the financial obligations it would incur. Talaq is considered in Islam to be a reprehensible means of divorce. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant.
Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period. The divorce becomes final when the waiting period expires. This is called a "minor" divorce al-baynuna al-sughra and the couple can remarry.
If the husband repudiates his wife for the third time, it triggers a "major" divorce al-baynuna al-kubraafter which the couple cannot remarry without an intervening consummated marriage to another man. Making the third pronouncement irrevocable prevents the husband from using repeated declarations and revocations of divorce as a means of pressuring his wife into making financial concessions in order to "purchase her freedom".
Women often entered marriage with substantial capital in the form of mahr and the trousseau provided by their family, which they were not obliged to spend on family expenses, and they frequently loaned money to their husbands. Because of this, and the financial obligations incurred, talaq could be a very costly and in many cases financially ruinous enterprise for the husband.
Many repudiated women used the divorce payment to buy their ex-husband's share in the family house. In the historical record talaq appears to have been less common than khul'.
Available evidence from Mamluk Egypt indicates that talaq was not the principal means of divorce. This led to repudiation without good reason being considered socially improper. Talaq types can be classified into talaq al-sunnahwhich is thought to be in accordance with Muhammad's teachings, and talaq al-bid'ahwhich are viewed as a bid'ah innovation deviations from it.Instant "Triple Talaq " or " Talaq-e-Biddat " is an Islamic practice that allows men to divorce their wives immediately by uttering the word " talaq " divorce thrice.
The pronouncement could be oral or written, or, in recent times, delivered by electronic means - telephone, SMS, email or social media. The Lok Sabha has passed the "Triple Talaq " bill that makes instant "Triple Talaq" a criminal offence and proposes a three-year jail term for a Muslim man who divorces his wife by uttering the word " talaq " three times.
The "Triple Talaq " bill will now be sent to the Rajya Sabha, where it is expected to face rough weather. In a landmark ruling in August, the Supreme Court had said that instant "Triple Talaq " or "Talaq-e-Biddat" was unconstitutional and violated the fundamental rights of women.
The proposed law will be applied to only instant "Triple Talaq" or "Talaq-e-Biddat" which is irrevocable divorce and not on "Talaq-e-Sunnat" which is a revocable divorce. Here's an explanation on types of talaq in Islam: Muslim Personal Law says that a talaq can either be given by the husband or by the wife. It can also be a mutual divorce.
Talaq given by husband are of following types: "Talaq-e-Sunnat" or "Talaq-ul-Raje" is a revocable divorce that can be pronounced in Hasan or Ahsan forms. Iddat period for a woman who has been divorced by her husband is usually three monthly periods and during this time, she cannot marry another man.
If before the completion of iddatthe husband resumes co-habitation with his wife or says that "I have retained thee", the divorce is revoked. In case the woman is pregnant, the iddat period lasts until she gives birth. The waiting period for a woman after menopause is three months. In this form, three successive pronouncements of talaq are made by the husband in three successive tuhrs when the woman is not menstruating.
In case of a non-menstruating woman, its pronouncement may be made after the interval of a month or thirty days between the successive pronouncements.
Triple Talaq in India: Background, Court Cases and Recent Updates
This form of talaq can be revoked any time before the third pronouncement. In this form of talaqthree pronouncements can be made during a single tuhr when the woman is not menstruating by saying "I divorce thee" thrice at the same instant. The other ways in which a husband can divorce the wife are Ila and Zihar. In Ila, the husband takes an oath not to have sexual intercourse with his wife. In this case, the husband does not co-habit with his wife for a period of four months and after the expiry of four months, the marriage is dissolved.
In Ziharthe husband compares his wife with a woman within his prohibited relationship like mother or sister. In this case, the wife can approach the court of law. Divorce given by wife are of following types: In Islam, only husband can pronounce the talaq on his wife, and not vice versa. However, he can delegate this power to his wife or a third person by agreement - absolutely or conditionally, temporarily or permanently.
This is called " Talaq-e-Tafweeza delegated divorce. The other type of divorce by wife is called lian. If the husband levels false charges of unchastity or adultery against his wife, then this amounts to character assassination and the wife has got the right to ask for divorce. This practice is called lian. A mutual divorce: A divorce by mutual agreement is called Mubarrat or Khula.
In Mubarratthe aversion is mutual and both sides desire separation. In this mode of divorce, the offer may be either from the side of wife or from the side of husband. When an offer Mubarrat is accepted, it becomes an irrevocable divorce and iddat is necessary. In Khulahowever, wife initiates the divorce.
This is effected by the return of her husband's wedding gift called Mahr. A judicial divorce: Beforea Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband, but then came Muslim Marriage Act.
Under Muslim Marriage Act,there are several grounds in which judicial divorce can be pronounced. A woman can seek divorce in the court of law under following circumstances:.It is one of the methods of divorce in Islam. In India, the practice was held unconstitutional, arbitrary and not a part of Islam by Supreme Court in August, The Supreme Court also asked the government to enact a law to ban this practice by law.
The Bill is yet to become a law. In this, the husband gives talaq to wife in a single sentence in state of purity tuhr and waits for period of iddat. This type of talaq is revocable during the period of iddat. After iddat, it is irrevocable. In this type of divorce, there should be three successive pronouncements of talaq at three successive tuhrs in case of menstruating women or consecutive intervals of 30 days in case of non-menstruating women. Such divorce can be revoked anytime before the third pronouncement.
After third pronouncement, it becomes irrevocable.
Three types of Talaq
The word Bidat means innovation. This mode of Talaq was invented later under Umayyads and was mainly to suit the patriarchy. In this, the three pronouncement of word Talaq are made successively during a single Tuhr and in same instant. Such a Talaq becomes irrevocable instantly. This type of divorce can be cancelled only when the divorced woman first marries another man, consummates the marriage, and gets divorced from him. This is called practice of Halala.
Practice of Triple Talaq is in vogue in India. The pronouncement of word Talaq thrice is either oral or written. In recent times, many men used electronic means such as phone, mobile, SMS and even social media to pronounce Talaq thrice and this end the marriage instantly.
Due to this reason, the practice of Triple Talaq has been controversial. Most of the Muslim legal scholars disapprove the practice and consider Talaq-e-Hassan or Talaq-e-ahasan as legal and proper way to end the contract of marriage. Nevertheless, this practice has been legally recognized in many countries and is particularly practiced in few countries such as Saudi Arabia.
Around the world, this practice is valid in Sunnis only; most Shia nations have held it invalid. It has expressed its disquiet over a petition requesting the Supreme Court to determine the constitutional validity of triple talaq. Union of India with two specific questions:. Thus, the Supreme Court order banned the instant talaq while not touching other modes of divorce. As per the directions of the Supreme Court, the central government drafted a Muslim Women Protection of Rights on Marriage Bill, and introduced it in Parliament on 28 December The bill was passed by Lok Sabha on the same date.
The Bill is not to be passed in Rajya Sabha before becoming an act. Comments Cancel Reply.The Supreme Court, yesterday, passed a historic judgment, striking down the practice of instantaneous triple talaq and deeming it unconstitutional and going against the basic tenets of the Quran.
The Court heard seven petitions, five of which were filed by women who had been victim to instantaneous triple talaq. In this article, I delve into what exactly the talaq Islamic divorce entails and its Quranic validity. According to reputed and authentic Hadith, the Talaq is one of the most disliked acts that a believer can perform.
Talaq-Divorce in Islam
Islam tolerates Talaq by making provisions for it under highly unfavourable conditions only as a last resort. Only the latter two find relevance in the Quran. Biddat means innovation in religion, and is unacceptable in Islam, a religion that has laid down guidelines for the world to follow till the very end of time.
The Quran promises to be relevant without a single change in it till the end of time. Now, as the name suggests, Talaq-e-Biddat is the kind of Talaq which is not sanctioned in the Quran. It is also known as instantaneous or irrevocable Talaq. Talaq-e-Ahsan is usually considered the best way to approach divorce, and has been derived from the Quran.
It is considered most appropriate because a husband can revoke the Talaq after the first utterance, any time during the waiting period Iddat which is the span of three menstrual cycles of his wife three months. Therefore, the husband has enough time to realize if he has been mistaken, and thus Talaq-e-Ahsan grants the couple a good amount of time for reconciliation.
The husband is free to revoke his first two utterances, but with the third declaration, the Talaq becomes effective and the marriage is dissolved. A Biddat Talaq becomes final as soon as the words have been uttered and the marriage becomes completely dissolved.
This form of Talaq is usually followed by Sunni sect of Muslims, but is not recognized in the Shia sect. No verse in the Quran validates instantaneous triple Talaq. So in the case of a woman initiating a Talaq, it becomes mandatory for it to be consensual unless she has put a clause in her marriage contract but alas, when a man decides to leave his wife he only has to file for Talaq, or worse, just say it thrice.
It is said that Hazrat Umar, the 2 nd khalifa had for some time allowed Talaq-e-Biddat, but later reinforced the proper Talaq because men had started to misuse Talaq, and began to take the elaborate procedure very casually.
The evil seeds of this practice were thus sown. A talaq will become invalid in case the husband is intoxicated, is in extreme anger, is not said out of free will or is abnormal and cannot differentiate between wrong and right. A woman has the right to divorce her husband unilaterally with immediate effect if she has mentioned this clause in her Nikah-nama marital document.
This is called Talaq-e-Isma. A number of clauses can be put by the woman during the time of her Nikah, which will hold legal value because Islamic marriage, unlike Hindu marriage which considers it a sacramental bond, is considered a legal contract.
However, the woman has to specifically invoke this clause for it to be valid. Most women are unaware of this clause and thus do not invoke it in their nikahnama.kinds of Talaq under Muslim law - Talaq-ul-sunnat and Talaq-ul-biddat
By default, only a husband is given the right to divorce his wife unilaterally. If she has not mentioned this in the marital contract, she can go to the Qazi judge and ask him to nullify the marriage.