What is Divorce/Talaaq?
Автор: Law Guider
Загружено: 2020-04-08
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What is Divorce/Talaaq?
One of the modes of dissolution of marriage
Release from the marriage tie, either immediately or eventually by use of special words.
Most detestable before Allah of all the permitted things for it prevents conjugal happiness and proper up bringing of children
Cross reference regarding divorce/talaq
Capacity for divorce / talaq
Adult (Baligh).
Sane (Aqil).
Capable of free will (Mukhtar).
Knowledge of nature of act
Talaq-al-Sunnah
Talaq-al-sunnah is the divorce which is effected in accordance with rules laid down in the Holy Quran.
It has two further types:
Talaq-e-Ahsan.
Talaq-e-Hasan.
Talaq-e-Ahsan and its requirements
Talaq-e-Ahsan consists of one single pronouncement of divorce in a period of tuhur (period of purity of wife).
Requirements of Talaq-e-Ahsan
1- Consummated marriage.
2- Single pronouncement.
3- No consummation during Iddat.
4- Pronouncement should be made during
tuhur.
Talaq-e-Hasan and its requirements
In this form of divorce the husband has to pronounce three times during the successive periods of tuhur
Requirements of talaq-e-Hasan
1- consummated marriage.
2- three pronouncements of talaq.
Talaq-e-bidda
It consists of three pronouncements during a single tuhur either in one sentence.
A single pronouncement made during tuhur clearly indicating an intention irrevocable to dissolve the marriage.
Legal effects of divorce / Talaq
Wife has to observe Iddat.
Dower has to be claimed if unpaid.
Right to contract another marriage.
Mutual right of inheritance cease.
Sexual relation becomes unlawful.
Remarriage between the same parties become impossible until the wife lawfully marry another person and lawfully divorced by him after consummation of marriage
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