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Types of Talaq

Types of Talaq
Highlights

The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as -'unconstitutional-', -'arbitrary-' and -'not part of...

The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam". A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq. Farhan Rahman explains as follows: Let’s talk about the different types of Talaq in Islam – By Husband (Talaq, Ila), by Mutual Consent (Mubarrat) and by Wife (Liyan, Faskh, Zihar, Khula and Talaq-e-tafweez).

Talaq in Islam: 3 Types–Talaq-e-Ahsan: The husband gives talaq to wife (in a single sentence) in state of purity (tuhr) and waits for period of iddat. This type of talaq is revocable during the period of iddat. After iddat, it becomes irrevocable; Talaq-e-Hassan: There must be 3 successive pronouncements of talaq, BUT three pronouncements are to be made in 3 successive tuhrs (in case of menstruating women) OR consecutive intervals of 30 days (in case of non-menstruating women). It can be revoked anytime before the third pronouncement.

After third pronouncement, it becomes irrevocable; and Talaq-e-biddat: Triple Talaq. Bidat word stands for innovation, and therefore this type of talaq is not purely Islamic. It was innovated later (during the Umayyads) to suit patriarchy. Here 3 pronouncements can be made during a single tuhr. (Instant Talaq), i.e. by saying “I divorce thee” thrice at the same instant.

It becomes irrevocable immediately when it is pronounced irrespective of iddat. In this they cannot remarry without the formality of the woman marrying another man and being divorced from him. This is called Halalah. Pre-planned Halalah is considered a sin. (Courtesy: http://nationalviews.com/types-divorce-talaq-in-islam-women-rights)

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