Talaq (Divorce) Explained

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Talaaq Explained

Part 1

What is Talaaq?

Talaaq is the issuance of divorce, whether in word or in writing.

 

What is the Islamic status of Talaaq?

Rasulullah Sallallahu 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.

 

Who can issue Talaaq?

The husband has the sole prerogative of issuing Talaaq. A woman who is living in an unbearable marriage 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 and advice from the Ulama is sought.

 

(source: Jamiatul Ulama - KZN)

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Talaaq Explained

Part 2

 

How should Talaaq be issued?

Talaaq is only to be pronounced once. This is done by the husband stating, “Talaaq!” or “I give you Talaaq!” or “I divorce you!” and similar statements. In written form, the words have the same effect. The Talaaq should preferably be witnessed by two witnesses but will still be valid if pronounced in the absence of witnesses.

 

Do not under any circumstances pronounce Three Talaaqs at one instance.

Such an action is Haraam and greatly angered Rasulullah Sallallahu Alayhi Wa Sallam. The pronouncement of Three Talaaqs 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 to a woman in her menses is Haraam but the Talaaq will still be valid. It is compulsory for the husband to revoke a Talaaq issued in menses if possible. The period of time wherein a woman is not in menses is known as Tuhr (clean period). Talaaq should only be pronounced during a Tuhr period with the additional condition that there should be no intimate relations between spouses in the said Tuhr period.

 

Consulting with the Ulama is a must before contemplating the issuance of Talaaq.

 

(source: Jamiatul Ulama - KZN)

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Rasulullah Sallallahu Alayhi Wa Sallam has described Talaaq as the most hated of permitted actions in the sight of Allah. (Abu Dawud)

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Question and Answer:

Q. I have a query regarding divorce.

If a person has to give his wife the 2nd Talaaq, what are the consequences? Idaat period, providing for the wife after the Talaaq, status of marriage?

 

 

(Query published as received)

 

A. If the husband and wife had reconciled after the first divorce and now he issues a second divorce, her Iddah will commence from the time of the second divorce. If they did not reconcile after the first divorce, the Iddah will continue from the first divorce and the second divorce will not cause the Iddah to restart. There is still room for reconciliation as long as three divorces have not been issued.

 

If they do not reconcile before the Iddah expires, the bonds of marriage will terminate and it will be necessary for them to renew the Nikah if they wish to reconcile thereafter.

 

During the Iddah period, the husband is obligated to provide maintenance for the wife.

 

 

And Allah Knows Best

 

 

Mufti Suhail Tarmahomed

Fatwa Department

Jamiatul Ulama (KZN)

 
Council of Muslim Theologians

 

(source: www.jamiat.org.za)

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Talaaq via SMS

 

Q. Is a Talaaq via sms, whatsapp, etc. valid?

 

(Question published as received)

 

A. A Talaaq (divorce) issued verbally or in writing is valid. (Shaami)

 

Accordingly, a Talaaq (divorce) via sms, whatsapp etc. is also valid as it is considered to be a written Talaaq (divorce).

 

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Confirmation:

Mufti Ebrahim Desai

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

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Divorced wife's medical expenses during Iddah

 

Q. I have divorced my wife and she is sitting in Iddah. Do I as an ex-husband have any responsibilities to my now ex-wife? Do I have to pay my ex-wife’s medical/doctor’s bills?

 

(Question published as received)

 

 

A. In principle, it is the responsibility upon a husband to provide financial support (Nafaqah) for his wife throughout the period of the marriage. This includes the necessities of life i.e. food, clothing and shelter. (Shaami 3/572)It also includes the responsibility of medical and doctor’s bill’s as this is also a necessity of life. (Al-Fiqhul-Islaamiy-Wa Adillatuhu 10/7381)

 

Furthermore, just as the financial support (Nafaqah) is the responsibility upon the husband throughout the marriage, this responsibility remains upon a husband even after a husband issues a divorce to his wife (revocable or irrevocable) until her Iddah period terminates. Therefore, as an ex-husband, it will still remain your responsibility to provide financial support (Nafaqah) to your ex-wife until her Iddah period terminates. (Shaami 3/609)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Types of Talaq Explained

 

Q. can you explain fully one two and three divorces and the conditions resulting from them. kindly give a detailed explanation.

 

(Question published as received)

 

A. According to Shariah, there are three types of divorces:

 

1. Talaaq e Raje’ (revocable divorce)
2. Talaaq e Baain (irrevocable divorce)
3. Talaaq e Mughallazah (permanent and final divorce)

 

TALAAQ E RAJE’

 

Talaaq e Raje’ is a type of divorce wherein the husband divorces his wife using the words of divorce. For example, he says, “Talaaq”, “I give you Talaaq”, “I divorce you”, or “You are divorced”. It is important to mention that these words are so serious that even if a husband uttered the words of divorce jokingly and without the intention of divorce, the divorce will take effect.

 

Once the husband utters the words of divorce, the wife becomes divorced and has to observe Iddah (waiting period). The duration of the Iddah is three menstrual cycles for a woman who experiences menses or three months for a woman who does not experience menses or until child birth for a pregnant woman.

 

During the Iddah period, it is possible for the couple to reconcile without requiring a new Nikah. The husband may revoke his divorce by verbally taking her back for example, he says to her, “I take you back in my Nikah”. If the husband is intimate with his wife during the Iddah period it is also considered as a revocation of the divorce.

 

If the husband does not revoke the divorce during the Iddah period, the divorce becomes final and the marriage ends. Therefore, if the couple wish to get back together (after the Iddah period has lapsed), they can only do so by performing a new Nikah.

 

TALAAQ E BAAIN

 

Talaaq e Baain is an irrevocable divorce where the husband uses such words or phrases to divorce his wife that hold the possibility of divorce. For example, the husband tells his wife “Pack your bags and get out” or “You are no longer my wife”. Talaaq e Baain will only take effect if the husband utters these words with the intention of divorce. If he uttered these words out of anger without the intention of divorce, Talaaq will not take effect.

 

Once the husband issues his wife a Talaaq e Baain, she has to observe Iddah. If the couple wish to get back together (during or after the Iddah), they can only do so by performing a new Nikah.

 

The Iddah duration will be the same as explained above in Talaaq e Raje’.

 

TALAAQ E MUGHALLAZAH

 

Talaaq e Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife three divorces, the divorce immediately becomes final and the marriage terminates. Thereafter, the couple may not reconcile even if they perform a new Nikah. To issue three Talaaqs at once is a major sin due to its dire ramifications. It cannot be stressed enough of how cautious husbands must be in using the words of Talaaq. Talaaq may only be used as a last resort, after all attempts at saving the marriage have failed.

 

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Confirmation:
Mufti Ebrahim Desai

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh.) 

 

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Is it permissible for the divorced parties to demand any gifts given?

 

Q. In many families, when a divorce takes place, especially, a divorce of a newly wedded couple, the parties demand the return of the gifts given after the Nikah. Is this acceptable?

 

(Question published as received)

 

A) Any gift/s exchanged between the husband and wife or between the husband or wife’s family before or after the Nikah, belongs to the parties who have taken ownership of the gift/s.

 

It is impermissible for any of the parties to demand the return of the gifted item/s, whether after the Nikah or after a Divorce takes place. (Badaai’ 6/128)

 

Rasoolullah Sallallahu Alayhi Wasallam said: “One who takes back his gift (which he has already given) is like a dog that swallows its vomit.” (Sahih Muslim)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation:

Mufti Ebrahim Desai

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians