KINDS OF DIVORCE

It is further laid down that no divorce may be made absolute save after the woman’s period of purification after menstruation or childbirth is completed. This need to wait awhile often proves a breathing-space in which the man’s feelings of tenderness once more assert themselves over his irritations, and make him decide against divorce.

Further when a man finds sharing his life with a particular woman wearisome and irksome and decides on divorce, this decision of his does not suffice in itself to end their living together not does it become effective until the expiry of the “Iddat“, i.e. the period fixed by the Feqh during which a divorced or widowed woman may not be married to another man: and this period also gives a breathing-space which frequently results in the man’s change of heart and decision to continue the married bond with the wife he planned to divorce.

To make the problem of divorce vivid, divorce has been categorized ito three forms as given below,

  1. Talaq-i-raj’
  2. Talaq-i-bain’
  3. Talaq-i-mughlaz’

TALAQ-I-RAJI

It is the divorce from which woman’s Nikah will not terminates immediately. Finally, after the execution of the formalities for a “revocable divorce” (Talaq-i-raj’) a man may not expel his wife from the home until the termination of the period of the “iddat” which may last anything up to three months, nor may the wife quit their joint home except in a desperately exceptional case during that period.

As the Sura LXV “Talaq“Divorce” enacts (verse 1):

 “You may not expel women from their houses, nor may they themselves quit, except if they have been proven guilty of some open lewdness (during the “iddat” period). These are limits set by God. Should any man transgress these limits he does so at the peril of his own soul, and to his own harm: for you know not whether God may bring about some new situation later (than the decision to divorce).”

TALAQ-I-BA’EN

It is the divorce after that women will no more wife of her husband whether it is during the iddat period or afterwards.

TALAQ-I-MUGHALLAZA

It is the form of divorce after that spouses are terminated from their legal relationship of husband and wife and also they can not remarry whenever there is no Halala. Halala is occurred after three divorces whether they are at once or within specific period.

CATAGORIES OF DIVORCE WIWTH RESPECT TO SUNNAH AND BID’AT

There are three categories of talaq as given below,

  •       TALAQ-I-HASAN
  •       TALAQ-I-EHSAN
  •       TALAQ-I-BID’AT

TALAQ-I-HASAN

It is that talaq which is being given to woman by man one by one in three periods of tuher “purification” and did not have sexual intercourse in that period.

TALAQ-I-EHSAN

The talaq, a man gives one talaq to his wife in one tuher and will not have sexual intercourse even then the passage of iddat period.

TALAQ-I-BID’AT 

There can be different forms of it. For example, talaq has been given in the period of menses or tuher or “purification” period during which she had been intercourse or in one purification period, two or more than two divorces had been given to her. In all these situations, talaq will be valid the man who had done so, will do sin.

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