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).
Talaq is considered in Islam to be a reprehensible means of divorce. The initial declaration of talaq is a revocable repudiation (ṭalāq rajʿah) which does not terminate the marriage. The husband can revoke the repudiation at any time during the waiting period ('iddah) which lasts three full menstrual cycles.
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.
EXTRA JUDICIAL DIVORCE/TALAQ IN MUSLIM LAW
Extra-judicial divorce is divided into several parts: By Husband- Talaq-Ul-Sunnat, Talaq-Ul-Biddat, Ila and Zihar. By Wife- Talaq-i-Tafweez, Lian and Khula.
Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.
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.
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.
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.
In Islam "Talaq is permitted only when the wife by her conduct or her words does injury to the husband or happens to be impious. The Islamic policy has never been to confer an absolute authority of Talaq upon a husband to be misused by him.
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 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.
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.
Valid reasons for seeking divorce in Islam include physical, mental, or emotional abuse, incompatibility, infidelity, and failure to fulfill responsibilities.
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.
There's no need to offer details. Just be up front and say something simple like: I just wanted to let you know that _____ and I are getting a divorce. I hope you'll respect our privacy and feel free to remain friends with both of us.
If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
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.
It may be simply uttered by the husband or he may write a Talaaqnama. 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.
A: A Sunni Talaq is one pronouncement of Talaq made when a wife is pregnant or during a period of Taharah (ritual purity) in which no sexual intercourse has taken place.
If you have been divorced by your husband then the Iddat period is: Three months from the date your husband says the word 'talaq'.
(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.
Answer. Praise be to Allah. It is not obligatory for the husband to tell the second wife that he is already married and this does not affect the validity of his marriage to her. So long as the marriage contract fulfilled the necessary requirements and conditions, then it is valid.
The law cannot prohibit you from remarrying your ex-spouse. After ending a marriage, a couple may realize they rushed into a divorce instead of working through the problems in their marriage. Other couples rekindle a relationship years after a divorce.
Under Hindu Laws there is no such compulsion. You can marry the same person after getting divorced following valid rituals and customs & making sure that such marriage is a valid marriage under the Hindu Marriage Act. Once you marry the divorce decree shall become null & void.