Please define what is Talaq Raji (Revocable Divorce) & Talaq Baín (Irrevocable Divorce)?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Talaaq-e-Raji (Revocable Divorce)
(1)Talaaq-e-Raji is a type of divorce wherein the husband divorces his wife in express and explicit terms, for example: Talaaq or I divorce you etc.
The implication of Talaaq-e-Raji is: the wife becomes divorced and she has to sit in Iddah (waiting period) for three menstrual cycles if she experiences menses or three months if she does not experience menses or until child birth if she was pregnant.
If the husband wishes to revoke his divorce, he may do so during the Iddah period. The husband may revoke his divorce by verbally taking her back or by being intimate with her.
If the husband does not revoke the divorce during the Iddah period, the divorce becomes an irrevocable divorce. Therefore, if he wishes to take her back (after the Iddah period has lapsed), he can only do so after renewing the Nikah.
Talaq Baín (Irrevocable Divorce)
(2)Talaaq-e-Baain is an irrevocable divorce where the husband uses ambiguous words or phrases to divorce his wife, for example: ‘Get out, I don’t want you, pack your bags’ etc.
Talaaq e Baain will only take effect if the husband utters the statements with the intention of divorce.
The implication of Talaaq-e-Baain is once the husband issues his wife a Talaaq-e- Baain, she has to sit in Iddah (waiting period) for three menstrual cycles if she experiences menses or three months if she does not experience menses or until child birth if she was pregnant.
If the husband wishes to take back his wife, he may do so only after performing a new Nikah.
Jamiatul Ulama KZN Fatwa Dept.