Talaq (Nikah)

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A Talaq (Arabic: الطلاق‎) is the Islamic term for divorce and is used to end a marriage, or Nikāħ (Arabic: النكاح‎).

The rules for talaq vary among the major Islamic schools. Most importantly Shia and Sunni Muslims have different rules to engage a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq . Shi'a scholars view the triple talaq as a jahiliyya "pagan pre-Islamic" custom, forbidden by Muhammad, but reinstated by Umar ibn al-Khattab, and thus Haraam "forbidden". Sunni scholars agree to the facts, but deem it Halal "acceptable" anyway. Some Sunnī countries have debated whether the triple talaq can be performed with the help of modern technology such as by text message.[citation needed]

In some Sunni schools of jurispurdence it is possible for a woman to petition a qadi ("judge of Muslim jurisprudence") for a divorce under certain conditions. In a very few circumstances, Shafii qadis will allow a woman a divorce.

For the majority of the world's Muslims, divorce is a right pertaining to men and not to women.[citation needed] Not only are women unable to initiate a divorce in their own right, but in Islamic law they can be compelled to return to the marital home if they flee.[citation needed]

Shi'a practice requires two witnesses [1] followed by the iddah period where the couple are supposed to try to reconcile with the help of mediators from each family. If the couple breaks the idda, the talaq is voided. Since Shi'a view the Talaq as a procedure stemming from a conflict rather than a decision, they do not use the procedure to end a Nikah Mut'ah, they just Annul it at the end of the period, without any Talaq procedure being involved, since there is no conflict to resolve.

After the idda is over, the couple is divorced and the husband is no longer responsible for the wife's expenses.

Contents

[edit] Implication

Divorce is allowed in Islām, but it should not to be sought readily. Muslims believe that divorces can cause deep emotional scars in the couple, and also reduce the possibility that any children will have an optimal upbringing. It also causes stress for couples' relatives and hence weakens the fabric of society. In the Sunnī tradition, it is said that "divorce shakes the throne of God".

[edit] Rules

Shīˤa and Sunnī have different rules to engage a talāq. The talāq has three steps:

  • Initiation
  • Reconciliation
  • Completion

[edit] Initiation

This is the stage where the talāq process is initiated.

According to most Sunnī scholars it consists of:

  • The husband saying talāq in the presence of the wife.
  • Allows the triple talāq

According to most Shīˤa scholars:

  • Making a public announcement that you are starting the divorce process.
  • Does not allow the triple talāq

The appropriate verses from the Qur'ān are:

O Prophet! when you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) God, your Lord...
And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what God has created in their wombs, if they believe in God and the last day...

[edit] Reconciliation

  • According to Sunnī jurisprudence, a talāq initiated and completed by the recitation of the words "talāq, talāq, talāq" by the husband.
  • According to Shīˤa jurisprudence, the couple is supposed to try to reconcile during the iddah period, with the help of mediators from each family. If the couple breaks the iddah by engaging in sexual intercourse, they are deemed to have been reconciled and the talāq is voided.

The appropriate verses from the Quran are:

And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, God will effect harmony between them, surely God is Knowing, Aware.
...Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of God, and whoever goes beyond the limits of God, he indeed does injustice to his own soul. You do not know that God may after that bring about reunion.

[edit] Completion

After the completion of the talāq procedure, the couple are divorced, the husband is no longer responsible for the wife's expenses and she becomes non-mahram for him and so they must observe the hijāb rules.

  • Sunnī scholars view a talāq initiated and completed by the husband saying the triple talāq.
  • Shīˤa scholars understand that when the ˤidda is over, the talāq procedure is completed. Two witnesses ref are required to witness the completion of the talāq.

The relevant parts of the Qur'ān are:

So when they have reached their prescribed time, then retain them with kindness or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for God. With that is admonished he who believes in God and the latter day; and whoever is careful of (his duty to) God, He will make for him an outlet.
And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah's communications for a mockery, and remember the favor of God upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) God, and know that God is the Knower of all things.

[edit] Aftermath

  • If the wife is divorced for the third time, then she becomes Harām for the former husband, otherwise, they may remarry.
  • Even if divorce separates a man from his wife, he has to seek her help in caring for the child or another female if the mother agrees. He must pay for her expenses.

In practice:

  • In most Islamic states it is generally unacceptable for a divorced woman to live alone (as is usually also the case with unmarried women). In most situations women who find themselves divorced will return to live with their parents or to the household of another close relative.

The relevant part of the Qur'ān is:

And when you have divorced women and they have ended their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in God and the last day, this is more profitable and purer for you; and God knows while you do not know.
And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) God and know that God sees what you do.
And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds; God knows that you win mention them, but do not give them a promise in secret unless you speak in a lawful manner, and do not confirm the marriage tie until the writing is fulfilled, and know that God knows what is in your minds, therefore beware of Him, and know that God is Forgiving, Forbearing.
And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil).

[edit] Talāq in Muslim Society

In the overwhelming majority of Islamic states it much easier for a man to divorce his wife than a woman to initiate divorce proceedings against her husband. However, this contentious area of religious practice and tradition is being increasingly challenged by those promoting more liberal interpretations of Islam.

[edit] See also

[edit] External links

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