Mon. Oct 21st, 2024

Divorce/Talaq for Men

Marital relationship is a mercy and a blessing from Allah s.w.t. There are ups and downs in the relationship, besides that most relationship works out perfect but for some it works out contrary.

Many differences should be set a side and continue the relationship as long as its possible.

However, when this comes to a situation where these differences are not bearable then, an arbitrator or mediator should try its outmost to help out the couples get along with their normal relationship as much as possible.

Overall if this does not work out then the last resort should be to split each other by the means of a Talaq which Allah has made it lawful but it is the most detestable in the sight of Allah s.w.t at the same time.

Procedure for Talaq

Summary/Short Description

Primarily Talaq is of two types. (1) Sunnah (2) Bid’ah

1. Again Sunnah is of two types: (1) Hasan and (2) Ahsan.

1.1 Giving one Talaq each in three Tuhr (purity, non-menstruating period) without having sexual intercourse is called “Hasan”.

This will terminate your marriage for eternity as each Talaq in each Tuhr will constitute to 3 total Talaq. Which eventually terminates the marriage for ever. If you wish to avoid permanently terminating your marriage then you can give 2 Talaq in two Tuhr period and avoid third one.

This will give you an opportunity to remarry each other should you both decide after she has passed the Iddah period provided that you enter into a new fresh Aqd/Nikah and allocate a new amount of Mahr along with two male or one male and two female witnesses present.

1.2 Giving only one Talaq during the Tuhr time without having sexual intercourse and pass the iddah (three menstrual cycles) is called “Ahsan” which eventually will become one Talaq ba’in.

2. Giving three Talaq in one Tuhr or three Talaq in one go or giving Talaq during menstrual period is called “Bid’ah“.

Note: It is imperative that one gives Talaq bearing in mind that it is done according to the Sunnah as mentioned above and avoid giving Talaq during the Bid’ah time.

Best form to give Talaq

When necessity arises to give Talaq then best form of Talaq in accordance to the “Sunnah” method is following these three steps below which is “Talaq – Ahsan” as mentioned above on no-2:  

1. Wife is in the state of Tuhr and not in menstruating period.

2. During this Tuhr one haven’t had sexual intercourse.

3. Pronounce one Talaq Raj’ie (reversible Talaq) meaning that during the iddah (three menstrual cycle to pass) period  if one changes mind or both either impliedly or expressly resume cohabitation as usual before the expiry of the Iddah, then it is possible to revoke the Talaq.

However, if one does not revoke during the Iddah period then this will automatically terminate the Nikha.

Second best form for giving Talaq

The second best form of giving Talaq is “Talaq – Hasan”:

1. Giving one Talaq each in three Tuhr (purity (non-menstruating period)).

2. Without having sexual intercourse throughout the iddah period.

For more detail study please consult an expert (an Alim) in this field locally or who you can trust

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Please read the PDF Article (in detail) below to understand the system of “Islamic Divorce procedure in the light of the Qur’an and Sunnah“ (8 pages)