AL ASHARI SCHOOL OF THEOLOGY

 *Talaq (Divorce)*

If you fear a breach between husband and wife, then appoint an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will bring about harmony between them. [Surah An-Nisa, Ayah 35]

Allah has given men the authority to pronounce divorce. There is great social and religious wisdom in this. The Sunnah way of giving talaq is that a man should not divorce his wife while she is menstruating. Rather, he should give only one talaq in a period of purity during which he has not had intercourse with her. After this talaq, until the ‘iddah passes, the husband or wife has the chance to reconsider their decision. Otherwise, after the ‘iddah passes, the woman will be separated, and he cannot take her back. However, with mutual consent, they can reconsider and remarry.

If during the ‘iddah he takes his wife back, and then disagreement happens again, he can give a second talaq. He will still have the right to take her back during the ‘iddah. Otherwise, the woman will be separated and will not be lawful for him without a new marriage contract. If he takes her back after the second talaq and then divorces her again, she cannot be taken back. The wife will be permanently separated. The only way for remarriage would be if she marries another husband, and he divorces her for some reason or dies, then she can marry the first husband. This is called Halala, and it is not favored socially or religiously.

If three talaqs are given at one time, then according to all four jurists, Talaq-e-Mughallazah takes effect, and there is no way to take her back except through Halala. But giving talaq this way is an innovation and mocking the religion. Once, when the Messenger of Allah (peace be upon him) learned that a man had given three talaqs at one time, he stood up in anger and said: “Am I still present among you, and the Book of Allah is being mocked?” Hazrat Umar had such a person lashed. In our country, the practice of giving three talaqs at once is common. This is openly mocking the religion. Such a husband should be punished, just as Hazrat Umar punished him.

*Types of Talaq — Talaq is of three kinds: 1) Raj‘i  2) Ba’in  3) Mughallazah*

1. *Talaq-e-Raj‘i*: In this, the husband has the right to take his wife back during the ‘iddah. However, after the ‘iddah passes, a new nikah must be performed. To take her back during ‘iddah, the wife’s consent is not necessary, but witnesses are required.

2. *Talaq-e-Ba’in*: In this, the separation between husband and wife takes effect immediately after talaq. She cannot be taken back even during ‘iddah. Yes, if they want to remarry, they can do so anytime with mutual consent. Talaq-e-Ba’in occurs when the husband uses indirect words or allusions for talaq — i.e., he does not use the word “talaq” but uses phrases that can mean talaq and his intention is talaq — or he says: “I give you Talaq-e-Ba’in.”

3. *Talaq-e-Mughallazah*: This is the talaq after which the woman is not lawful for the man, neither by taking her back nor by a new marriage, except if she marries another man, he consummates the marriage, and then divorces her or dies, and the woman completes the ‘iddah of divorce or death. Then she can marry the first husband.

*Khula and Tafweez-e-Talaq* — Just as men have been given the right of talaq, women have been given the right of khula. Khula means the wife waives her mahr or gives some wealth to the husband and obtains release, i.e., freedom. She should use the words of khula for this. In such a case, it becomes Talaq-e-Ba’in. And Tafweez-e-Talaq means the woman obtains from her husband the authority to effect talaq on herself. If the husband gives her that authority and the woman uses it, then that talaq will take effect.

*Ila and Zihar* — Ila means if a man swears an oath not to have intercourse with his wife, and he stays away from her for four months, then talaq will take effect on the wife. And Zihar means if he compares his wife, or any part of her body, to a female relative who is mahram to him, or to her private parts. Then he cannot have intercourse with his wife until he pays the expiation. Zihar is a sin, and its expiation is to fast for two consecutive months, or to feed 60 poor people.