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Divorce: Divorce or Talaq in Islam and types of talaq/divorce in Islam: Talaq or divorce is the process of ending a marriage in Islam. There are two types of divorce: Talaq al-sunnah and Talaq al-tafwid.
In cases, where there is an irreconcilable conflict and separation is the only option left, talaq (divorce) can be resorted to by men. The Prophet Muhammad (peace be upon him) has clarified that this method must be used with caution because it has consequences one might not anticipate at first glance.
When a husband wants to end his marriage with his wife, he must declare talaq three times in a row. The first declaration is called the “witnessed divorce” because it must be done in front of two witnesses. The second and third declarations are called “unwitnessed divorces” because they don’t need to be witnessed by anyone else.
The wife can also ask for khula if she wants to end her marriage with her husband. Khula means that she wants him to return her dowry (mahr) and any children they may have had together (if any).
Quran Surah 2 Ayah 229: “And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage), which ye have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if ye fear that they would be unable to keep the limits ordained by Allah, in that case, it is no sin for either of them if she gives something for her freedom.”
Quran Surah 2 Ayah 230: “Divorced women should wait three months before making any decisions concerning their lives.” And it is not lawful for them that they conceal what Allah hath created in their wombs if they have faith in Allah and the Last Day. And their husbands would do better to take them back in this state [of waiting] than leave them [to go their own way]. And if ye are afraid that they might separate, appoint two arbiters, one from his family and the other from hers; if they wish amicably and make peace between you, then Allah will bring about amity between you. You could even ask a trusted person from each side to witness your signatures if you’re still afraid they may part ways.”
Zihar means divorce mentioned in the Quran, and it refers to when a husband says to his wife that she is his mother. When a husband feels angry with his wife or believes she is not loyal to him, he does this.
The Prophet (peace be upon him) said: “The most hated person before Allah on the Day of Resurrection will be someone who has been given the benefit from others but returns it like one throwing away dung; he then makes his hands full of dust by putting them on his head while walking at noontime.”
In Islamic law, khula refers to the wife seeking a divorce from her husband. The husband is legally bound to comply with his wife’s request for khula since it is based on the Qur’an and Sunnah.
In the Qur’an it says: “And if you fear that you will not do justice to the orphan girls then marry the women of your choice, two or three or four; but if you fear that ye shall not be able to do justice at all then only one” (Qur’an 4:3). A woman can ask for a divorce but she cannot initiate it unilaterally, as she must provide evidence in court that justifies her right to leave her husband.
In Islam, divorce is allowed in certain circumstances. Divorce is known as Talaq in Arabic, and it can be pronounced in one of three ways:
1. Talaq al-Bid’ah: This is the verbal pronouncement of talaq to your spouse without any witnesses present. It is considered invalid unless any of the other two methods are used to complete the divorce process.
2. Talaq al-Sunnah: (Divorce according to the practice of Prophet Muhammad) This is the verbal pronouncement of talaq followed by a waiting period of three months to determine if reconciliation is possible. If both parties are still not ready to reconcile after this time period has passed, then a divorce will take place automatically after another waiting period of three months has elapsed from the first one. This method does not require witnesses or paper-work, but does require a husband’s intention for divorce at the time he pronounces talaq on his wife.
3. Talaq-e- Ahsan: This type requires witnesses and documentation before it can proceed as an official divorce process under Islamic law; it also requires that both spouses consent to the divorce beforehand by signing an agreement in front of witnesses who will then sign their own documents confirming that they saw both parties sign.
Talaq — The husband pronounces talaq (divorce) thrice to his wife during her pure period, not menstruating.
The following conditions may be met for talaq:
Prior to a talaq divorce, the husband must give the wife three months’ notice, during which time the couple should try to reconcile their differences. If this does not happen, then he must pronounce the divorce in the third month after giving notice to her of his intentions.
He cannot pronounce the divorce if she is pregnant or feeding milk to an infant less than two years old at that time or has conceived from him with another man or has been divorced by another husband previously, even if it was before this marriage took place; otherwise, it will be considered as a valid form of talaq for both parties involved so long as other conditions are fulfilled as well (see above).
If the talaq was not given in front of two witnesses, it must be pronounced again when there are two witnesses. If the husband wishes to issue another talaq or revoke his previous one, he should do so when a period of three months and ten days has expired from the date of the first pronouncement.
This time period, is called iddat, during which neither party can remarry and during which all financial arrangements made by the husband for his wife hold good. The woman remains in iddat, or post-divorce waiting period, for three menstrual cycles or three months, whichever is longer.
Halala: If the couple wishes to re-marry, then the wife must marry another man, consummate the marriage and obtain a talaq from the second husband before she can remarry her first husband.
Halala is not mentioned in the Quran and was introduced later by scholars. It is considered haram (sinful) because it involves polyandry — where a woman marries more than one man at a time. But this doesn’t mean that all Muslim scholars agree with halala being sinful: there are those who believe that halala should not be practiced or endorsed as an Islamic ritual, but at least some argue that it should remain valid under certain conditions. Although most Muslims accept halala as part of Sharia law, its rules differ from sect to sect and country to country within Islam.
The Quranic term for dower is mahr (Mahr) and its amount is mutually agreed upon by both parties. The Quran also states that a woman should have the right to choose her husband, including any prenuptial agreement, nor does it allow him to treat her cruelly.
Marriage in Islam is a civil contract between a man and woman to live as husband and wife. A valid marriage requires the presence of two adult and legal witnesses, but there is no requirement that they are Muslim. The marriage must also be consummated, or at least attempted.
In Islam, each partner has rights to the other’s property during the marriage (even if one partner dies). These rules apply even if both partners are non-Muslims, as long as they live in countries where these laws apply (in most Western nations). After divorce or death of one spouse, however, non-Muslim women may lose their right to inherit from their ex-husbands according to sharia law.
In the family law of Islam, marriage is a civil contract that can be dissolved in Islamic law by Khula, Talaq (legal divorce), or death. It should be noted that the dissolution of marriage among Muslims has some of its basis in the Quran and Hadith (practiced by Hazrat Muhammad, PBUH).
Talaq is the Islamic term for divorce. Talaq, or divorce, should be the last option, and it is strongly advised to exhaust all other options (at least four attempts by either spouse) before the divorce occurs in Islam. If, divorce or talaq is not done properly as per Islamic law, both husband and wife may face complications and disparities after divorce. Don’t go back to them after the arbiter gives you permission to separate. Quranic verses do not support this practice.
Divorce in Islam is the commonly used term, but it is actually called Khula. In Islamic law (shari’a), khul’a can be initiated by either the husband or the wife, however, in practice, it is normally only initiated by women. As well as talaq-i-tafweez, the divorce can also be done by mutual consent or talaq Ahsan.
Khula is the Islamic right of divorce granted to women. Islamic Law has made it lawful for a woman to divorce her husband in certain cases, where the husband is at fault. Before talaq is given and marriage is dissolved, in cases where it is permissible, many conditions have to be fulfilled according to the Holy Prophet (peace and blessings of Allah be upon him).
Verses from the Quran, Hadith, and Islamic law clearly establish that there are two types of divorce (talaq), which is irrevocable (divorce by the husband), and Khula’, which may be revoked, even if confirmed (divorce by wife). Both are socially tolerated in Islam, but the legal dissolution of marriage through court is a must to ensure social justice.
Islam refers to divorce as talaq. Talaq or divorce should be the last resort, and it is recommended to exhaust all other alternatives (at least 4 attempts should be done by the husband or wife) before the divorce takes place in Islam. Divorce or talaq when not done properly in Islamic Law may cause complications and disparities for both husband and wife after obtaining a divorce. When the arbiter says he allows you to separate, do not go back to them anymore. NO Quranic verse can support this.
When a couple is unable to continue their marriage, divorce is allowed in Islam as a last resort. To ensure that both sides are treated with dignity and fairness, certain steps need to be taken to make sure all options have been exhausted. Any Muslim husband is obligated to work for peace at any cost. In order to resolve marital issues, or by appointing a member of the family to meditate, seek the Imam’s guidance, etc. It is permissible to end the marriage between the husband and the wife, amicably and equitably, through Islamic divorce (talaq) once all attempts at reconciliation have failed and the problems remain unresolved. Please contact our senior divorce lawyers for more information.
“Divorce can be pronounced twice: then, either honorable retention or kindly release should follow.1 (While dissolving the marriage tie) it is unlawful for you to take back anything of what you have given to your wives2 unless both fear that they may not be able to keep within the bounds set by Allah. Then, if they fear that they might not be able to keep within the bounds set by Allah, there is no blame upon them for what the wife might give away of her property to become released from the marriage tie.3 These are the bounds set by Allah; do not transgress them. Those of you who transgress the bounds set by Allah, are indeed the wrong-doers.”
