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Tuesday, 17 May 2016

Divorce (Talaq) In Islam


Divorce In Islam – Five Ways OF Talaq In Islam 




A woman cannot give 'Talaq' - because Talaq' is a Arabic word used for divorce, when a man gives to a woman - husband gives to a wife - but a woman can divorce. 



Divorce (Talaq) In Islam – Divorce By Unilateral Agreement

1. The first type is by unilateral… by unilateral agreement, between the husband and wife - Both may say… 'Okay, we are not compatible… let us part'. 

Divorce (Talaq) In Islam – Divorce On Husband's Will

2.The second type, is by the unilateral will of the husband, that is called a 'Talaq', in which, he has to forgo his 'Meher'. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her. 

Divorce (Talaq) In Islam – Divorce On Wife's Will

3.Third type, is by the unilateral will of the wife - I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it - It is call as 'Isma'. I have never heard of anyone speaking of an 'Isma' - It is called as 'Isma' - Even a woman can give divorce, 'Isma'. 

Divorce (Talaq) In Islam – Divorce As Nikah –e- Fask

4. Fourth category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi or court for divorce, and nullify the marriage - It is called as 'Nikah-e-Fask'. In this, according to the Kazi, he may ask the husband to give the full 'Meher', or part of the 'Meher', depending upon the Kazi. 

Divorce (Talaq) In Islam – Divorce As Khulah

5.And the last is 'Khulah'- that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband - she can request the husband, to divorce her - and that is called as 'Khulah'. 

But very few people talk about women giving divorce, to the men. Some of the Ulemas have categorized these 5 types of divorce, into 2 or 3 different categories, but broadly there are 5 types of divorce, in Islam. Hope that answers the question.





Instructions On Divorce (Talaq) In Islam As Per Above Verses:

1. Do not divorce a woman during her menstrual periods. Divorce should only be given in her that neat and clean period in which sexual intercourse is not done. Woman can be divorced if she is pregnant. It should be noted that divorce will be still valid if it is granted against these quranic instructions. However they will be considered as sinful. 
2. After having divorce, woman should stay to her husband's home till the end of iddah i.e. three menstrual periods. She should not leave her husband's home nor should her husband force her to leave home.
3. While divorcing a woman, man should witnessed two persons. Please note that witnessing is better for both parties. Otherwise divorce will be legally valid without witness too. 
4. Iddah period of old women is three lunar months if she is no more menstruating. 
5. Iddah period of a minor or underage girl is also three lunar months if she has not yet started menstruating. Quran here not only allows marrying with such minor girl but also allows sexual intercourse with underage wife. Because there is no iddah period of untouched divorced wife as mentioned surah Al-Ahzab-49.
6. During iddah period, husband is responsible to bear expenses of his divorced wife.
7. If divorced wife is pregnant, the man is responsible to bear all her expense till delivery and expense of his child after birth as well.
 
 

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