What is Talaaq?
Talaaq is the issuance of divorce, whether in word or in writing.
What is the Islamic status of Talaaq?
Rasulullah Sallallahu Alayhi Wa Sallam has described Talaaq as the most hated of permitted actions in the sight of Allah. (Abu Dawud)
It is allowed only under specific circumstances.
Who can issue Talaaq?
The husband has the sole prerogative of issuing Talaaq. A woman who is living in an unbearable marriage may apply for annulment of her marriage from an Ulama body.
Although Talaaq is the right of the husband, he will be answerable in the court of Allah should he abuse this right.
Under what circumstances may Talaaq be issued?
Talaaq is issued as a last resort, not as a first. Numerous verses in the Qur’an stress the need for mutual appreciation, overlooking faults and reconciliation in bitter situations.
How should Talaaq be issued?
Talaaq is only to be pronounced once. This is done by the husband stating, “Talaaq!” or “I give you Talaaq!” or “I divorce you!” and similar statements. In written form, the words have the same effect. The Talaaq should preferably be witnessed by two witnesses but will still be valid if pronounced in the absence of witnesses.
Do not under any circumstances pronounce Three Talaaqs at one instance.
Such an action is Haraam and greatly angered Rasulullah Sallallahu Alayhi Wa Sallam. The pronouncement of Three Talaaqs will cause an immediate termination of the Nikah without scope for reconciliation. It is an evil that many have regretted. Do not be of those who have to live with this regret.
When should Talaaq be issued?
To pronounce Talaaq to a woman in her menses is Haraam but the Talaaq will still be valid. It is compulsory for the husband to revoke a Talaaq issued in menses if possible. The period of time wherein a woman is not in menses is known as Tuhr (clean period). Talaaq should only be pronounced during a Tuhr period with the additional condition that there should be no intimate relations between spouses in the said Tuhr period.
Consulting with the Ulama is a must before contemplating the issuance of Talaaq.