Revocation may be express or implied. Cohabitation with the wife is an implied revocation of Talaq. If the cohabitation takes place even once during this period, the Talaq is revoked and it is presumed that the husband has reconciled with the wife.
In Islamic jurisprudence, there are two types of divorces: revocable (raj'i) and irrevocable (ba'in). Revocable divorce means that the husband has the right to take back the wife during the three-menstrual cycle waiting period ('idda) that follows all consummated marriages.
When the period of Iddat expires and the husband does not revoke the Talaq either expressly or through consummation, the Talaq becomes Irrevocable and final. However during the period of iddat the husband can revoke the talaq.
In pre-Islamic times, men kept their wives in a state of "limbo" by continually repudiating them and taking them back at will. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man.
During this period both the wife and the husband cannot remarry. The term for Iddat is three menstrual period, i.e. to say 3 months. If the wife is not menstruating then, the period of Iddat is to be of three lunar months. If the wife is pregnant then the period of Iddat is till she delivers her child.
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.
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.
ʿiddah, a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (2:228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
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.
Hence, in madhhab al-Syafie, talaq, when one is angry or outraged, is valid. However, we are inclined towards the opinion that if extreme anger results in a person losing his rationality and feelings, akin to an insane person, then the talaq is invalid, however, one must refer to the experts to evaluate it.
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.
Talaq uttered thrice by a Muslim man on a mobile phone will be considered valid even if his wife is unable to hear it all the three times due to network and other problems, a fresh fatwa has ruled.
If a person utters the divorce in a state of anger fully aware of what he is doing as well as the subsequent consequences then such a divorce is valid, and if the utterance is a third divorce, then there is no recourse to reconciliation and the couple are deemed unlawful to each other.
If, the husband, uses the word Talaq for a third time, or three consecutive times orally, (directing at her, with intention of divorce), then the final divorce is completed and the couple cannot remarry through the Iddah period procedure or by their own personal consent.
Talaq has to be done through a means of communication. And as long as it is done in writing, whether it is on a piece of paper or on WhatsApp, it is valid.
According to the Board, the husband reserves the right to accept or reject her demand for Khula. In a statement, the Board stated “Khula is dependent on both husband and wife agreeing to end marriage after a woman initiates the proposal”.
Essentially, if there is no clear intention from the gift provider, then the conclusion should be formed that the gifts originating from wife's side of the family should be hers and gifts from the husband's side for him. On this basis, any gifts provided by the wife's family should be returned to her and vice versa.
So unless your spouse is willing to go to marriage counseling or discernment counseling, or engage in marital mediation to try and repair your relationship, there's not much you can do to stop divorce proceedings from happening.
Lack of commitment is the most common reason given by divorcing couples according to a recent national survey. Here are the reasons given and their percentages: Lack of commitment 73% Argue too much 56%