This type of Talaqfalls when Talaq is given by the husband and he either uses or says the word 'Talaq' once or twice. He can do this in writing as well. Readers will note that the word of Talaq need only be uttered by the husband for it to be effective.
Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.
Talaq is considered in Islam to be a reprehensible means of divorce. The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period ('iddah) which lasts three full menstrual cycles.
The Arabic word for divorce is talaq which means "freeing or undoing the knot" (Imam Raghib). In the terminology of the jurists. Talaq signifies the dissolution of marriage, or the annulment of its legality by the pronouncement of certain words.
Talaq-ul-Sunnat is regarded to be the approved form of Talaq. This mode of Talaq is recognised both by Sunnis as well as by the Shias. Talaq-ul-Sunnat may be pronounced either in Ahasan or in the Hasan form. This is the most proper form of repudiation of marriage.
The Quran demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences.
Talaq must be pronounced before Kazi in a Mosque before religious elders and Maintenance for three months must be given to wife as fixed by Kazi. So when both are in anger it is not valid.
The most common is talaq, which literally means “release.” Talaq is a unilateral repudiation of the wife by the husband, and does not require the wife's consent. She must observe a waiting period of approximately three months to be sure that she is not pregnant; then she is free to remarry.
Since the divorce decree is already awarded, you cannot cancel the divorce decree. However the parties are free to remarry , provided the marriage is solemnized according to Hindu marriage act and that the marriage is registered under Hindu marriage act.
Sheikh Al-Islam ibn Taimiyah has said that saying the divorce three times in one sitting is considered only one divorce no matter whether his intention was to confirm or make a new divorce, and according to his opinion whoever says to his wife you are divorced, ×3 times, it is considered only one divorce and he can ...
A husband has the unilateral right of talaq, which can never be taken away but can be restricted through the nikahnama (clause 19). A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the nikahnama (clause 18).
[2:226 - 227] Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then God is Forgiver, Merciful. If they go through with the divorce, then God is Hearer, Knower.
Answer. Praise be to Allah. It is not obligatory for the husband to tell the second wife that he is already married and this does not affect the validity of his marriage to her. So long as the marriage contract fulfilled the necessary requirements and conditions, then it is valid.
According to sharia law, there are two reasons a wife may he granted divorce: When she can prove that the husband did not have intercourse with her or more than three months or if the husband does not provide her with what she needs for living such as food and shelter.
Khula: A divorce is initiated by the wife and the parties agree on the divorce. If the husband is not at fault he can require the wife to return her dowry to end the marriage because she is the contract-breaker. Faskh: Where the husband is at fault, the wife can petition for divorce with cause.
If you are a man, the Nikkah can be terminated by: pronouncing Talaq (divorce) – ' I divorce you', 'I have divorced you' Dhihar – comparing the relationship you have with your wife to a relationship that would be incestuous. Iyla- by taking an oath not to engage in marital relations and fulfilling the oath for 4 months.
Praise be to Allah. Firstly: Divorce issued in writing or via e-mail or text message counts as such so long as the intention to divorce is present or it is accompanied by signs that point to intention to divorce.
Therefore, if the husband texted divorce or talaq on his mobile phone and sends it to his wife the message has become Marsumah, i.e. addressed to the wife thus talaq will occur without an intention of talaq or not. If he had not sent it but just texted 'Talaq', then it will depend on the intention of the husband.
If talaq is pronounced during the period of menstruation it is not considered to be valid. The Prophet has ordered a wife to be taken back if the talaq is pronounced during menstrual period. Triple divorce disregards all this completely.
The legal effects of divorce may include: Marriage dissolution: The marriage contract is over, and the parties are no longer subject to its provisions. Property Division: The court may divide the property and assets acquired during the marriage between the parties.
Talaq-e-Ahsan is said to be the least disapproved way of dissolving a marriage. 'Ahsan' means best or most proper. Under Talaq-e-Ahsan, the husband must pronounce divorce in a single sentence when the wife is in a state of 'purity', that is, not menstruating.
It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband's desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.
According to the Holy Qur'an, triple talaq or Talaq-e-Bid'ah is considered a sin in Islam.
According to Dar-Ul-Ifta, talaq given after drinking in state of intoxication is valid in Hanafi sect. Now, the husband can not marry her without Sharai halalah, Dar-Ul-Ifta ruled. As per the Sharia, according to Islamic scholars, Talaq should be given once at a time after a period of 30 days each.
Only women have to follow the Iddat period under the Muslim Law. If you have been divorced by your husband then the Iddat period is: Three months from the date your husband says the word 'talaq'. If you are pregnant during this iddat period, then until the date of delivery.