TALAQ UNDER MUSLIM LAW By Trapti Pareek

Talaq – a form of divorce under Islamic law in which the husband repudiates the marriage.
I. Talaq-ul-sunnat – it was means that talaq which is based on the traditions propounded by the prophet.
II. Talaq – ahasan – it’s literally means ‘very good’, it is considered to be the best method of divorce.
i. It includes pronouncement of divorce by husband at a single time.
ii. The wife is required to be in pure form during such pronouncement
iii. The wife has to undergo iddat,
iv. During iddat, it is required to avoid cohabitation.
III. Talaq-hasan – it literally means ‘good’, a talaq pronounced in hasan form is of lesser worth then the one pronounced in ahasan form. It includes –
a. Pronouncement of divorce three times.
b. In the case of menstruating wife, the first pronouncement should be made during a period of tuhr, the second during the next tuhr and the third during the succeeding tuhr.
c. In the case of non-menstruating wife, the pronouncement should be made during the successive intervals of 30 days.
d. No sexual inter-course should take place during these 3 periods of tuhr.
IV. Talaq-ul-biddat – it is sinful form of talaq, three pronouncements made during a single tuhr either in one sentence e.g., “I divorce thee thrice” or in separate sentences e.g. “I divorce thee, I divorce thee, I divorce thee.” On such pronouncement talaq becomes irrevocable. It has not been recognized by shia
law.
V. Ila – it is based on koranic injunction, when a person of sound mind and has attained puberty, abstains from sexual intercourse for 4 months in pursuance of vow to that effect, he is said to have made ila and its effect will be that of a single irrevocable talaq. In such circumstances, the wife can get talaq from
husband through decree of court.
VI. Zihar – when the husband compare wife to sonic prohibited female relations like sister or mother and takes a vow that henceforth he would treat her like such relation, the wife has right to refuse herself to him unless he has performed penance. If he refuges, wife has right to apply for judicial separation.
VII. Talaq-e-taweez – a husband may, either himself, repudiate hi wife or delegate this power of repudiating her to third party or even to his wife. Such a delegation of power is called tafweez. An agreement made either before or after the marriage providing that the wife would be ate liberty to divorce herself from her husband under certain specified conditions.

TRAPTI PAREEK

@LEXCLIQ

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