A man should divorce (a) only once, (b) only during the time when his wife is not on her menses, and (c) when there has been no sexual contact with her since the time of her last menses. After a divorce is pronounced by the husband, his wife must wait for a given period of 3 months or 3 menstrual cycles ('iddat').
In Islam, the husband pronounces the phrase “I divorce you” (in Arabic, talaq) to his wife. A man may divorce his wife three times, taking her back after the first two (reconciling). After the third talaq they can't get back together until she marries someone else.
Triple repudiation, talaq thalatha, occurs when a husband pronounces three repudiations at once rather than divorcing his wife once, revocably, and simply allowing the waiting period to expire without taking her back.
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.
(2:229- 232 ) Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah.
In the second divorce, the court will issue a new child support order that will be based on the current status of the parties' employment. The court will also issue a new custody order that is likely to be the same as the order issued in the first divorce but may be different.
In a situation where your husband wants to marry you again after divorcing you, then he has to wait till the following happens: You have to follow the iddat period. After the iddat period is over, you have to marry another man. You and the other man have to live together and consummate the marriage.
In Talaq-e-Hassan, the word 'talaq' is to be uttered thrice, once after each monthly menstrual cycle of the wife. The husband is free to revoke his first two utterances, but with the third declaration, the Talaq becomes effective and the marriage is dissolved.
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.
Nikah halala (Urdu: نکاح حلالہ), also known as tahleel marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband.
Triple talaq is not mentioned in the Quran. It is also largely disapproved by Muslim legal scholars. Many Islamic nations have barred the practice, including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence.
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.
Talaq is valid only when it is uttered by the husband to his wife whether it is sarih (clear), even if it isn't intentional and kinayah (figurative) if it is intentional. There is no exception in syarak if the talaq is uttered regardless of whether it is during normal times or in arguments or as a joke.
“Abu Dawud quotes the Prophet (peace and blessings be upon him) as saying: “Divorce and manumission do not count in case of Ighlaq.” Imam Ahamd says Ighlaq means anger; some other scholars hold it to mean doing something under force; others say it stands for insanity.
In societies that practice polygamy, the specific type is polygyny, which is having more than one wife (polyandrous unions, of having more than one husband, are much less common). Muslim societies allow for up to four wives, but not without specific rules and regulations.
"Divorce" (Arabic: الطلاق, aṭ-talāq) is the 65th chapter of the Qur'an with 12 verses (ayat). The main subject is about divorce. Abdullah ibn Masud reportedly described it as the shorter version of the surah An-Nisa.
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.
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.
Talaq (Arabic: الطلاق) is the Islamic term for divorce. A talaq is used to end a marriage, or nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract).
Disadvantages: If the husband goes to jail, how will compensation be paid? It states that Triple Talaq is illegal and void while providing a remedy. The Muslim Personal Law Council says it interferes with their religion and falls under Articles 25 and 26.
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.
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).
As per Sharia, a Muslim man may have up to four wives, making it is impossible to insert a clause that bans him from taking a second wife. However, you can add a condition that gives the woman the right to divorce from her husband, should he chose to take a second wife without her permission.
Polygamy in Islam
According to marriage laws, a man is allowed to have up to four wives and can marry other women while his current partner is still alive. Second marriage under Muslim law is not taboo or against any morals.
In most states, you have the right to enter a new marriage the same day your divorce is finalized. However, eight states and Washington, D.C. have a mandatory waiting period that prevents you from entering into a second marriage immediately after your first one ends.