INTRODUCTION
Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of all the permitted things for it prevents conjugal happiness and proper upbringing of children
LITERAL MEANING
Divorce means dissuasion or rejection.
DEFINITION OF TALAQ
It is the exercise of the absolute power of Denouncing the unilateral divorce of the husband. When it proceeds from the husband it is called Talaq.
MODES OF DIVORCE
Under Hanfis: Under Hanfis Talaq may be either oral or written.
Under Shia: Oral pronouncement must be coupled with two male witnesses.
CAPACITY FOR DIVORCE
A Muslim of sound mind, who has attained the age of puberty may dissolve his marriage.
WHO CAN NOT PRONOUNCE DIVORCE
Following persons can not declare or pronounce Talaq.
- A minor
- Unsound person
RIGHT OF HUSBAND
A Muslim husband has the right to pronounce Talaq without any cause.
DIVORCE UNDER COMPULSION
Under Sunni Law: If Divorce is pronounced under compulsion it is valid.
Under Shia Law: The Shia law does not recognize Talaq, pronounced under compulsion or intoxication.
WAYS OF DIVORCE
Following are the ways of divorce.
- By the husband at his will without the intervention of a court
- By the mutual consent of the husband and the wife without the intervention of the court
- By the court
WHEN TALAQ CAN BE PRONOUNCED?
Following are the different modes of dissolution of the marriage.
- Apostasy
- Death of either party
- Divorce
- Cancellation of an irregular marriage
DIFFERENT KINDS OF DIVORCE
1. TALAQ-E-AHSAN
It consists of a single pronouncement of divorce. It is irrevocable even after the expiration of a period of Iddat.
Talaq-Ahsan can be pronounced in manners.
- A single pronouncement made during “Tuhrs followed.
- By abstinence from going to wife to establish marital relationship till “iddat period
2. TALAQ-E-HASAN
It is affected when the husband repudiates his wife during a Tuhr in which he has not had a carnal connection with her, and he repeats the repudiation, during the next two Tuhrs. So makes the divorce final and irrevocable.
Talaq-e-Ahsan method of pronouncement of divorce in three “Talaq’s” by the husband during successive three “Tuhrs without establishing a physical relationship with the wife in any of the three Tuhrs. This divorce is called Talaq- e-Hasan.
3. TALAQ-UL-BIDDAT/TALAQ-E-BAIN
It is the third way of divorce by the husband is through three pronouncements made during a single “Tuhr either in one sentence i.e. “I divorce you thrice”, Or in separate sentences i.e. “I divorce you, I divorce you, I divorce you”, or a single pronouncement made during a Tuhr clearly indicating an intention of irrevocability of divorce i.e. “I divorce you irrevocably.”
It consists of the following.
- Three pronouncements during a single Tuhr either in one sentence.
- A single pronouncement made during a tour clearly indicates an intention irrevocable to dissolve the marriage.
It becomes irrevocable immediately after it is pronounced irrespective of Iddat.
4. ILA
If a husband, having attained puberty Swears by God not to have sexual intercourse with his wife for a period of four months or more or for an unspecified period, he is said to make ILA.
Expiry of Period:
Under Hanafi Law: After the expiry of four months, the marriage is dissolved without legal process.
Under Shafi Law: After the expiry of four months of the dissolution of marriage, legal proceedings are necessary.
5. ZIHAR
If a husband compares his wife to his mother or any other female within prohibited degree the wife night to refuse to him until he has performed penance. In default, the wife has the right to apply for judicial divorce.
Revocation:
If the husband revokes this declaration, he has to pay money by way of expiation or for certain periods.
6. KHULA
Khula is a kind of separation by putting an end to matrimonial bonds and rights. It is that kind of divorce in which the wife gives or agrees to give consideration to the husband from her release of the marriage tie.
7. MUBARA’AT
A Mubara’at is a dissolution of the marriage by the agreement. There is a mutual desire for separation of the spouses in this kind of divorce. The offer in a mubara’at divorce may proceed from the husband or the wife.
8. LIAN
The wife is entitled to divorce if her husband has falsely charged her with adultery. If the charge is proved to be false, the marriage will be dissolved.
Appeal:
No appeal can be filed against the decree of the court on this ground ie lian
9. DIVORCE IN THE ABSENCE
Divorce can be pronounced in the absence of the wife. It is essential that the husband should pronounce the divorce in the absence of the wife. Such divorce is valid and called divorce in absence.
10. CONTINGENT DIVORCE
Divorce may be pronounced so as to take effect on the happening of a future event. Such divorce is called contingent.
LEGAL CONSEQUENCES
The legal consequences of the divorce are as under;
- Sexual intercourse becomes unlawful
- Iddat becomes incumbent.
- Remarriage between the same parties becomes impossible until the wife lawfully marry another person and lawfully divorcee him after the consummation of the marriage
- Dower becomes immediately payable
- Right, to contract another marriage.
- Mutual right of inheritance cease,
CONCLUSION
It is concluded that Talaq is the mode of dissolution of the marriage. A husband can divorce her wife without assigning any reason. It is an extra Judicial Power of the husband to dissolve the marriage.
FAQs
What are the different modes of dissolution of marriage as per Islamic provisions? Explain.
(2019-A, 2017-A)
What are the different modes of dissolution of Marriage under Islamic Law?
(2018-S)
Explain briefly the modes of dissolution of marriage.
(2016-S)
Define Talaaq (Divorce) and discuss its different modes and effects thereof.
(2016-A)
Define and discuss divorce and its different kinds.
(2015-S)
“The most hated among lawful things by Allah is Talaaq”. Kindly discuss the modes of Divorce under Islamic Law. Can a husband delegate his right to divorce to his wife?
(2014-S)
A Muslim husband is legally entitled to pronounce Talaq to his wife. Elaborate on various modes of Talaq.
(2013-A)
