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September 3, 2014

Talaq in Islam and Islamic Law, Meaning, Definition

Dicorce or Talaq in Islam: In Islamic law, the husband has the exclusive right to talaq, termination of marriage. Talaq is defined as a unilateral act, which takes legal effect by the husband’s declaration. Neither grounds for divorce nor the wife’s presence or consent are necessary, but the husband must pay his wife’s mahr—translated in English as “dower,” this is the gift the bridegroom offers the bride upon marriage—if he has not done so at the time of marriage, and maintenance (nafaqa) during the _idda period (three menses after the declaration).
The wife, however, cannot be released from marriage without her husband’s consent, although she can buy her release by offering him compensation. This is referred to as “divorce by mutual consent” and can take two forms: In khul_, the wife claims separation because of her extreme dislike (ikrah) of her husband, and there is no ceiling on the amount of compensation that she pays; in mubarat the dislike is mutual and the amount of compensation should not exceed the value of the mahr itself.


If the wife fails to secure her husband’s consent, her only recourse is the intervention of a judge who has the power either to compel the husband to pronounce talaq or to pronounce it on his behalf. Known as faskh (recission), tafriq (separation), or tatliq (compulsory issue of divorce), this outlet has become the common juristic basis on which a woman can obtain a court divorce in contemporary Muslim world. The facility with which a woman can obtain such a divorce and the grounds on which she can do so vary in the different schools of Islamic law and in different countries. The Maliki school is the most liberal and grants the widest grounds upon which a woman can initiate divorce proceedings. Among Muslim states where Islamic law is the basis of family law, women in Tunisia enjoy easiest access to divorce.

Comments

  1. A couple of years ago, I gave a talak with two witnessess to my wife due to the false and fabricated compliant (498 -A )given to the All Women Police Station, Social Welfare and The Commissioner of POlice and the Private complaint given to the Magistrate, Trichy, Tamil Nadu. As contemplated under islamic law and Jamaath she preferred the complaint and declaration was filed by me in the Taluk Court, Madurai declare to dissolve the marriage. She neither take non-vegetarian and nor took Allopathy medicines. She is very arrogant, adamant and humilitated me without knowing any reasons.Her unique character makes me to give divorce.I told her parents regarding the matter before the divorce, but they never took any care and custody of her life. Her parents induced her to give innumerable frivolous complaints not only against me but also all my family members. Kindly give me a remedy for this. I hope that you have understood my difficulty. Insha Allah.

    • Administrator says:

      @abdul kareem
      we got your point but what actually you want to know from us. you gave your wife divorce and its final now so what you want to ask? please clarify your query

    • You are doing Gibbot (talking behind someones back in a way, that if they heard you, they would feel bad). That is worse than zena (unlawful sex)

  2. As-Salamu `alaykum.
    Divorce is right of both, husband and wife, if they are not happy with each other then should be seprate, but it is a one thing that is HALAL, but Allah (SWT) does not like it. Both married couples should try to solve their problems, they should talk each other about issues and try to solve.

  3. Salam,
    What is the basic difference between shia and sunni? How the shias observe salat? If peoples of shia community resides in Trichy? Where they reside?
    Wassalam
    Habib

  4. actully i want to bring this thing as well your knowledge . i gave the verbel talaq to my wife three time in one minute font of my family. but after two hour my wife realise this is not good and also me.this is clear i want to ask you what our nikah is continiou or not.

  5. ali alloughani says:

    i have a problem wd ma wife some time wd my family she will never do as i say i gave he talaq three times on differant stages 1st i gave her on phone three times talaq talaq talaq then we did rajoo n again i gave her three times n then again v had rajooo n thrird timei said i m give talaq ,i m giving talaq to u ,i m giving talaq to u is it done or nt ca u plz say to me i dont want to go in haram as uae law the judje in shari law say 3 times talaq in 1 time is ment 1 so as i said so plz help me wd this

  6. Muhammad Ayaz Hussain says:

    Asalam o aliakom
    Brother i am living in sweden, Europe. Once i was talking to some non muslims they were asking me about polygamy in Islam, i did convinced them but then they start asking about gay people… it was strange for me as well because they ask a question like ::
    What gay people suppose to do if want to sex?
    According to them it is right to sex with other gay person because there is no way for them to sex with female. In a way they are consider themself female!!

    kindly explain this question to me in deteail….
    thanks
    wsalam.

  7. Ridewaan Ebrahim says:

    Asalam o aliakom.
    Does the husband still pay the wife nifika after the first talaq.

    shukran

    • @Ridewaan
      until the divorce is final husband is liable to pay nifika

      • Ridewaan Ebrahim says:

        salaam can the husband give the 2nd and 3rd talaqs shortly after the 1st talaq.+- 1 month or must the first 3month period expire

  8. abdulazeez abubakar says:

    I really enjoy this website. thanks alot

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