In spite of the numerous articles, lectures and programs on Talaaq, it seems that the Muslim public has not come to grips with the concept of Talaaq, its proper implementation or its disastrous consequences if abused. In light of this, we attempt to present “Talaaq” before you in as simple a manner as possible.
What is Talaaq?
Talaaq is the act of issuing divorce, whether in word or in writing.
What is the Islamic status of Talaaq?
Rasoolullah Sallallaahu 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. Hence, Talaaq is of a very serious nature and should never be treated lightly.
Who can issue Talaaq?
The husband has the sole prerogative of issuing Talaaq. A woman who is living in an unbearable marriage due to an abusive spouse 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. Talaaq should only be considered after all options are exhausted, there seems to be no future in the marriage, and advice from the Ulama is sought.
How should Talaaq be issued?
Talaaq is only to be pronounced once. This is accomplished by the husband stating, “Talaaq!”, “I give you Talaaq!”, “I divorce you!” and similar statements. In written form, the words have the same effect.
Do not under any circumstances pronounce Three Talaaqs. Such an action is completely Haraam and had greatly angered Rasoolullah Sallallaahu Alayhi Wa Sallam. The effect of Three Talaaqs issued at once is that it 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 whilst a woman is menstruating is Haraam and though a Talaaq pronounced during menstruation takes effect, it is compulsory for the husband to revoke the Talaaq, if possible.
The period of time wherein a woman is not menstruating is known in Islam as Tuhr (clean period). Talaaq should only be pronounced during a Tuhr period in which there is no intimate relations between spouses.
This article is meant to provide a brief understanding of Talaaq. Consulting with the Ulama is a must before contemplating the issuance of Talaaq.