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Talaaq ( Divorce ) Explained

Nasihah (Advice):  The most Detestable of Lawful Acts

 

Sayyiduna Abdullah ibn Umar Radhiyallahu Anhu narrated that Rasulullah Sallallahu Alayhi wa Sallam said, ”Of all the acts that are allowed, the most detestable to Allah is divorce.” (Abu Dawood)

 

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Question and Answer:

 

  1. can you explain fully one two and three divorces and the conditions resulting from them. kindly give a detailed explanation.

 

(Question published as received)

 

  1. According to Shariah, there are three types of divorces:

 

  1. Talaaq e Raje’ (revocable divorce)
  2. Talaaq e Baain (irrevocable divorce)
  3. Talaaq e Mughallazah (permanent and final divorce)

 

TALAAQ E RAJE’

 

Talaaq e Raje’ is a type of divorce wherein the husband divorces his wife using the words of divorce. For example, he says, “Talaaq”, “I give you Talaaq”, “I divorce you”, or “You are divorced”. It is important to mention that these words are so serious that even if a husband uttered the words of divorce jokingly and without the intention of divorce, the divorce will take effect.

 

Once the husband utters the words of divorce, the wife becomes divorced and has to observe Iddah (waiting period). The duration of the Iddah is three menstrual cycles for a woman who experiences menses or three months for a woman who does not experience menses or until child birth for a pregnant woman.

 

During the Iddah period, it is possible for the couple to reconcile without requiring a new Nikah. The husband may revoke his divorce by verbally taking her back for example, he says to her, “I take you back in my Nikah”. If the husband is intimate with his wife during the Iddah period it is also considered as a revocation of the divorce.

 

If the husband does not revoke the divorce during the Iddah period, the divorce becomes final and the marriage ends. Therefore, if the couple wish to get back together (after the Iddah period has lapsed), they can only do so by performing a new Nikah.

 

TALAAQ E BAAIN

 

Talaaq e Baain is an irrevocable divorce where the husband uses such words or phrases to divorce his wife that hold the possibility of divorce. For example, the husband tells his wife “Pack your bags and get out” or “You are no longer my wife”. Talaaq e Baain will only take effect if the husband utters these words with the intention of divorce. If he uttered these words out of anger without the intention of divorce, Talaaq will not take effect.

 

Once the husband issues his wife a Talaaq e Baain, she has to observe Iddah. If the couple wish to get back together (during or after the Iddah), they can only do so by performing a new Nikah.

 

The Iddah duration will be the same as explained above in Talaaq e Raje’.

 

TALAAQ E MUGHALLAZAH

 

Talaaq e Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife three divorces, the divorce immediately becomes final and the marriage terminates. Thereafter, the couple may not reconcile even if they perform a new Nikah. To issue three Talaaqs at once is a major sin due to its dire ramifications. It cannot be stressed enough of how cautious husbands must be in using the words of Talaaq. Talaaq may only be used as a last resort, after all attempts at saving the marriage have failed.

 

Nasihah (Advice):  The prescribed method of issuing a divorce

 

Sayyiduna Abdullah Radhiyallahu Anhu reports: “The prescribed method of divorce is to divorce her when she is pure (not menstruating) without having had conjugal relations with her.” (Nasaai)

 

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Question and Answer:

 

  1. My son-in-law issued one Talaaq to my daughter. He said to her; “I issue you with one Talaaq”. After two or three days, he said to her, “I take you back”. Now, how many Talaaqs does he have left? Does he have 2 or 3 left?

 

(Question transcribed as received telephonically)

 

  1. In the enquired case, the husband issued the wife with one Talaaq-e-Rajee’ (revocable divorce). The divorce was then revoked, so husband and wife remain legally married in Islam.

 

However, revoking of a divorce does not cancel, erase or delete the divorce issued. The husband therefore only has two remaining divorces which he may issue in the future.


Mufti Ebrahim Desai


(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh.) 

 

 

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