Different modes of Talaq and their consequences
1. Introduction:
Divorce is one of the modes of dissolution of the marriage tie of the husband and wife. it is the right of the husband and the wife. it is the right of the husband to dissolve the marriage. divorce is a vexing question in Islamic law. Talaq or divorce is regarded by the Holy Prophet (P. B. U. H) to be the most detestable before Allah of all the permitted things for it prevents conjugal happiness and proper upbringing of children.
2. Meaning:
Divorce means dissuasion or rejection.
3. Definition:
I. General definition:
It is the exercise of absolute power of pronouncing unilateral divorce of the husband. when it proceeds from the husband it is called Talaq.
II. Case's law definition:
It is the freedom from the bondage of the marriage.
4. Forms of Divorce:
Under Hanif’s:
Under Hanif’s Talaq may be either oral or written.
Under Shia:
Oral pronouncement must be coupled with two male witnesses.
5. Capacity for Divorce:
A Muslim of sound mind, who has attained puberty may dissolve his marriage.
6. Who cannot pronounce Divorce:
- A Minor
- Unsound Person
7. Nature:
A Muslim husband has the right to pronounce Talaq without any cause.
8. Divorce under compulsion:
Under Sunni law:
Divorce pronounced under compulsion is valid.
Under Shia law:
Divorce pronounced under compulsion or intoxication is not valid.
9. Ways of Divorce:
Following are the ways of divorce.
- By the husband at his will without the intervention of a court.
- By the mutual consent of the husband and the wife without intervention of the court.
- By the court.
10. Modes of dissolution of marriage:
Following are the different modes of the dissolution of the marriage.
- Apostasy
- Death of either party.
- Divorce.
- Option of repudiation or puberty.
- Cancellation of an irregular marriage.
11. Different kinds of Divorce:
I. Talaq-E-Ahsan:
It consists of a single pronouncement of divorce. it is irrevocable even after the expiration of the period of Iddat.
II. Talaq-E-Hasan:
It is affected when the husband repudiates his wife during a Tuhr in which he has not had a carnal connection with her, and he repeats the repudiation during the next two Tuhrs. so, makes the divorce final and irrevocable.
III. Talaq-Ul-Biddat:
It consists of
- Three pronouncements during a single. Tuhr either in one sentence.
- A single pronouncement made during a tuhr clearly indicates an intention irrevocable to dissolve the marriage. It becomes irrevocable immediately it is pronounced irrespective of Iddat.
IV. Mubara'at:
A Mubara'at is a dissolution of the marriage by the agreement. there is a mutual desire for separation of the spouses in this kind of divorce. the offer in a mubara'at divorce may proceed from the husband or the wife.
V.Ila:
If a husband, having attained puberty, Swears by God not to have Sexual intercourse with his wife for a period of four months or more or for an unspecified period. he is to make Ila.
VI. Lian:
The wife is entitled to divorce if her husband has falsely charged her with adultery. if the charge is proved to be false, the marriage will be dissolved.
Appeal:
No appeal can be filed against the decree of the court on this ground i. e. lian.
VII. Khula:
Khula is separated by putting an end to matrimonial bonds and rights. it is that kind of divorce in which the wife gives of agrees to give consideration to the husband from her release of the marriage tie.
VIII. Contingent divorce:
Divorce may be pronounced so as to take effect on the happening of a future event such divorce is called contingent.
IX. Divorce in absence:
Divorce can be pronounced in the absence of the wife. it is essential that the husband should pronounce the name of the wife. such divorce is valid and called divorce in absence.
X. Zihar:
If a husband compares his wife to his mother or any other female within a prohibited degree, the wife has the right to refuse- to him until he has performed penance. in default, the wife has to right to apply for indicial divorce.
12. Legal consequences:
The legal consequences of the divorce are as under:
- Sexual intercourse becomes unlawful.
- Iddat becomes incumbent.
- Remarriage between the same parties becomes impossible until the wife lawfully marries another person and is lawfully divorced by him after the consummation of the marriage.
- Dower becomes immediately payable.
- Right to contract another marriage.
- Mutual right of inheritance ceases.
13. Conclusion:
To conclude I can say that, divorce is a mode of dissolution of the marriage. a husband can divorce her wife without assigning any reason. it is an extra-judicial power of the husband to dissolve the marriage.