Ever since the Shah Bano case, many questions were raised on the divorce practice amongst the Muslims. With the Supreme Court intervention, the debate surrounding Triple Talaq only got bigger. Further, we saw Zee TV show Ishq Subhan Allah talking about the traditions, customs prevalent in the Islamic society. The television serial explored the relationship shared between a Muslim couple, played by actors Adnan Khan and Eisha Singh. However, it also helped many understand the details of divorce types under the law.
Besides Talaq-e-Biddat aka Triple Talaq, there are many other types of Muslim divorce. Here we have explained five such types:
Triple Talaq forms the entire crux of Ishq Subhan Allah. In this type, the husband has the power to pronounce talaq thrice to his wife. The utterances are said altogether, without any interval and the marriage is immediately dissolved. This type of divorce is irreversible. It can be either given in written on a Talaqnama or over the phone or even a text message, however, it should have three witnesses for its validation.
In Ishq Subhan Allah when we saw Kabeer giving Zara triple talaq, she raised the point that their Nikahnama stated that he can only divorce her through Talaq-e-Hasan. In this type, there has to be a gap of 30 days or a month between each of the three pronouncements of talaq. If after the first and the second pronouncement, the husband and wife resume their relations then the divorce gets revoked automatically. But in case this doesn’t happen, the marriage is dissolved after the third pronouncement.
This is the third form of Talaq-ul-Sunnat sanctioned by the Prophet, and as per custom, in this form of divorce there is only one pronouncement and after that, there has to be a three-month Iddat period which is also meant for reconciliation. Like Talaq-e-Hasan even this form of divorce can be revoked if the couple consummates their marriage during those three months.
While many don’t consider this form of talaq, it also means delegated divorce. In this form the husband delegates the power of pronouncing talaq to the wife, it can be permanent or temporary. However, in this form of divorce, the words need to be specific. The delegation can be revoked as well if it’s not temporary, however, the reason has to be clearly stated. For example, If the husband tells the wife ‘choose me’ or ‘choose talaq’ and if she chooses the latter, then the divorce takes place. But if the husband just says choose and the wife replies that ‘I have chosen…’ the talaq cannot happen in this case.
This is the form of talaq which is popular these days. Here, the woman has the right to walk out of the marriage. But while doing so, she also has to give up the right to claim alimony or any of her husband’s property. This form also is irrevocable and if she wants to get back there is a procedure of Halala (also applicable in case of talaq-e-biddat) that needs to be followed.
In Halala, the woman is required to marry another man, get a divorce from him and only then can she remarry her former husband.
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