However, when the husband repudiates the wife for the third time, the divorce becomes “absolute.” In this case, not only is the divorce irrevocable, but the spouses cannot remarry until the wife has married another man, and that marriage has been consummated, then ended through death or divorce.
According to a report, Abdullah bin Abbas, a companion of the Prophet said that triple talaq in one sitting was considered as only one talaq during the Prophet's time, the period of the first caliph Abu Bakr and during the early years of the second caliph Umar (Sahih Muslim, 1482).
To sum up: your divorce issued in the state of extreme anger does not count as such, and the threefold divorce counts as one divorce; it is not essential to have divorce witnessed and the same applies to taking the wife back.
According to the Shariah Law, if a husband uses the word Talaq for his wife, consciously or in a fit of anger, he can revoke the divorce within the period of Iddah which is 3 months. Iddah can be extended in one case – if the wife is pregnant, then the Iddah period stretches until the child is born.
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.
In Ahasan Talaq following formality are required that are-
This type of Talaq can be revoked before the completion of iddat . revocation can be done in express way or implied way. cohabitation with wife is implied form of revocation of Talaq.
It is significant to note that the first and second pronouncements may be revoked by the husband. If he does so, either expressly or by resuming conjugal relations, the words of Talaq become ineffective as if no Talaq was made at all.
Answer. Praise be to Allah. If a man has given his wife the last of three divorces (talaaq), or he has divorced her once or twice and her 'iddah has ended, then she becomes a “stranger” to him (non-mahram) and it is not permissible for him to be alone with her or to touch her or look at her.
According to some Sunni schools of jurisprudence, each talaq utterance should be followed by a waiting period of three menstrual periods for women or three month (iddah), when the couple is supposed to try to reconcile with the help of mediators from each family, until the third and final talaaq.
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.
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.
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.
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.
The husband has to make a single declaration of Talaq in a period of 'Tuhr. In the next Tuhr, there is another single pronouncement for the second time. If no revocation is made after the first or second declaration then lastly the husband is to make the third pronouncement in the third period of purity (Tuhr).
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).
If a marriage ends without having been consummated, then there is no waiting period to be observed before the woman remarries. Widows must wait four months and 10 days before remarrying. In the interim, they can become engaged to another man, if they wish. The engagement can be announced publicly or kept secret.
According to the Prophet's sayings, giving talaq to a wife in a fit of rage or anger is strictly prohibited. 8 A talaq will become invalid in case the husband is intoxicated, is in extreme anger, has not said out of a free will or is abnormal and cannot differentiate between right and wrong.
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.
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.
Sex during a divorce is not uncommon among spouses, even with those who previously behaved more as adversaries in contested divorce proceedings. Once you contact an attorney and the paperwork has been filed, it is natural to second guess yourself and wonder if you made the right decision.
This would make two talaqs and your wife can return to you as long as you do not utter a third talaq. After a third talaq, there would be no way for your wife to continue the marriage without marrying someone else.
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.
Failure to fulfill the objectives and purposes for which marriage was initiated. This can be utter incompatibility between the partners, which may be expressed by their irreconcilable differences in temperaments, likes, and dislikes. Marital infidelity.
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.