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').
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.
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.
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.
[Quran 2:232] If you divorce the women, once they fulfill their interim, do not prevent them from remarrying their husbands, if they reconcile amicably. This shall be heeded by those among you who believe in God and the Last Day. This is purer for you, and more righteous. God knows, while you do not know.
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.
The waiting period for a menstruating woman is, three monthly periods. The waiting period for a non-menstruating women is, three lunar months. The waiting period of a woman who has no monthly courses (due to young age) is three months.
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.
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.
Islam Does Not Sanction Triple Talaq in One Sitting.
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.
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.
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.
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.
Therefore, if the husband texted divorce or talaq on his mobile phone and sends it to his wife the message has become Marsumah, i.e. addressed to the wife thus talaq will occur without an intention of talaq or not. If he had not sent it but just texted 'Talaq', then it will depend on the intention of the 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.
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.
"A Muslim woman has as much right to pronounce divorce as a man provided she has taken 'talaq-e-tafveez' at the time of 'nikah'," says Mufti Arif Usmani, the 'mohtamim' (principal) at the Deoband seminary.
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.
Talaq-E-Tafweez:
Tafweez means to make someone the owner of an act which appertains to the person making the tafweez. Talaq-e-tafweez is one of the most important forms of divorce under Muslim Law because it gives to Muslim women a right to divorce their husband without going to court of law.
Khula: A divorce is initiated by the wife and the parties agree on the divorce. If the husband is not at fault he can require the wife to return her dowry to end the marriage because she is the contract-breaker. Faskh: Where the husband is at fault, the wife can petition for divorce with cause.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
How long will it take? It will take at least 4 months to obtain a final Divorce Order (formally known as a Divorce Certificate), longer if there are difficulties in serving your spouse. You shouldn't plan a remarriage without allowing enough time for the divorce to be finalised.
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.