Monday, 22 January 2018

Three types of Talaq

Three types of Talaq
Triple talaq
 Triple talaq  Picture for representational purpose

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dna Correspondent

Wednesday 23 August 2017 8:20 IST
Unlike other religions where marriage has been traditionally viewed as a sacrament, under Muslim law, marriage is a civil and social contract.

Talaq-ul-Sunnat of the divorce sanctioned by Prophet is sub-divided into: (i) Talaq-e-Ahsan (ii) Talaq Hasan (iii) Talaq-e-Biddat

1. Talaq- e- Ahsan form: Under this form, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. This time is meant for reconciliation and arbitration. During this period, if any kind cohabitation occurs, the talaq is considered to have been revoked.

2. Talaq –e-Hasan (Proper): In this form too, there is a provision for revocation. The words of Talaq are to be pronounced three times in the successive periods after menstrual cycles. The husband has to make a single declaration of Talaq and then await for another menstrual cycle to pronounce another declaration. The first and second pronouncements may be revoked by the husband. If he does so, either expressly or by resuming conjugal relations, the words of Talaq become ineffective as if no Talaq was made at all. But, if no revocation is made after the first or second declaration then lastly the husband is to make the third pronouncement in the third period the Talaq becomes irrevocable and the marriage dissolves.

3. Talaq-e-Biddat: Allows men to pronounce talaq thrice in one sitting, sometimes scrawled in a written talaqnama, or even by phone or text message. Thereafter, even if the man himself perceives his decision to have been hasty in hindsight, the divorce remains irrevocable. It is a disapproved mode of divorce. The Talaq-ul-Biddat has its origin in the second century of the Islamic-era. According to Islamic scholar and jurist Ameer Ali, (1849–1928), this mode of Talaq was introduced by the Omayad Kings because they found the checks in the Prophet's formula of Talaq inconvenient to them.

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