Islamic Studies Courses In Chabot, Ohlone, Mission, and De Anza Colleges Designed and taught By Hafiz M. K. Siddiqi, Ph.D. Islamic Divorce System, its Kinds, Methods and responsibility and Custody of Children

Talaq means to divorce or to end marital ties and relationships following a specific method. The default right of divorce is given to man in Islam for obvious reasons and conditions which women had to go through in their bodies, which May result sometimes in a depression. Despite those conditions, Islamic Shari’ah has allowed a woman, if she wants, to demand the right to divorce from her husband and include it into the marriage contract as a condition.

If she does that, she may divorce herself any time she feels unhappy. There are 3 kinds of divorce:1.At-Talaq Ar-Raj’i: The revocable divorce, it Means, to divorce using the word Talaq/divorce in the past or present tense, one or two times in one or two different occasions. From the Moment the divorce is pronounced, the wife will enter ‘Iddah (waiting period of 3 monthly cycles), if the husband wants, he can revoke it, by words or action.

2. At-Talaq Al-Ba’in: The irrevocable divorce: If A husband implies the divorce saying “ if you did that/go there or in any other way” the Marriage ends immediately. If this is his third Divorce, then he can not come back to her. If it is his first or second divorce, he can remarry her in her waiting period (‘Iddah) or at any time they both want to come back to each other with A new Nikah (Marriage) and new conditons.

3. At-Talaq Al-Mughalladh: The absolutely irrevocable divorce: if a husband says the word Of divorce in any language, 3 times, using the past or present tense, in one go or in three separate occasions or in any sequence, his marriage has come to complete end, a point of no return. The only way he can ever marry the same woman is, if she marries someone else, knowing that we do not have the concept of Temporary marriage, and her husband dies or divorces her, then she can marry her 1 st Husband.

1. Tafweed At-Talaq: To give your wife the right to divorce. Once it is given to the wife, it can not be retrieved. 2. Tawkeel At-Talaq: To give to someone other than your wife the power to divorce your wife. This power can be retrieved any time the husband wants to take it back. Both Tafweed and Tawkeel do not take away from the husband his right to divorce, in those cases they share it with him.

3. Kul’: The demand of divorce initiated by the wife. The husband does not want to give the divorce or he has no complaints. In this case, the wife will have to give up some of her rights. If a husband does not agree to give Khul’ to his wife, the judge will instruct him to do it. In non Muslim countries, the local Islamic legal council will solve that problem.

‘Iddah: It is a waiting period a divorced or Widow has to spend before marrying again: A. To find out if there is a pregnancy pending B. To contemplate on passed relationship with Divorced or expired husband C. Plan for a new Relationship on high religious and moral values and on the basis of lessons learned from past Relationship. ‘Iddah for a menstruating woman is 3 monthly cycles, 3 months for a woman in Menopause, 4 months 10 days for a widow, and delivery of the baby for a pregnant woman.

In the time of differences of opinion between the husband and wife, they should know that the reconciliation is recommended to be the better option in the sight of Allah swt, that is Why the divorce is considered to be the last Resort, as indicated by the following Hadith. The divorce is “Abghadul-Halal” which means: The most hated permissible act in the sight of Allah swt. (Abu Dawud)

1. Talaq Sunni: Right method to divorce is to divorce your wife in her purity period one time. You should not use all three times, because it will close all the doors of future reconciliation, unless you want to do that. 2. Talaq Bid’i: Violation of right method of Divorce by divorcing in the monthly cycle of a Woman, and divorcing 3 times in one go. Talaq of a drunk, angry, and joking person is Valid.