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The Travesty of Talaq especially Triple Talaq and Halala.
Typology: Lecture notes
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Definition : Talaq (Arabic: Taliq) – Undoing of, or release from the knot (of marriage) ; i.e. Unilateral pronouncement by the Husband, giving him freedom from the bondage of Marriage. Kinds of Talaq:
1. Divorce without the Intervention of the Court : I. Talaq: a) Talaq-ul-Sunnat (By Husband) [Revocable] i. Ahsan Talaq (Ahsan : Very Good) Consummated Marriage, Single Talaq Pronouncement in Tuhr. No sexual Intercourse in Tuhr, Iddat. ii. Hasan Talaq (Hasan : Good) Single Talaq Pronouncement in each Tuhr (3 nos) If no Revocation during 1-3rd^ Tuhrs, then Talaq becomes final. b) Talaq-ul-Biddat (By Husband) [Irrevocable] iii. Single Irrevocable Talaq. Consummated Marriage, Single Talaq Pronouncement in Tuhr, or even if Sexual intercourse happened since Menstruation. Immediate Talaq. iv. Triple Irrevocable Talaq. Pronouncement of ‘ Talaq, Talaq, Talaq’, at any time by Husband. II. Illa ( By Husband) [Vow of Continence] ‘Ila’ (Oath), - abstention from Sex for 4 Months. III. Zihar (By Husband) [Injurious Assimilation] Inchoate or Incomplete Talaq Wife gets the right to refuse Conjugal Relations/Cohabitation. IV. Talaq-ul-Tafweez (Delegated Divorce by Husband- by Wife) Power to Divorce can be delegated to Wife/3rd^ Party Delegated power can be revoked/ Can be part of Pre- Nup. V. Khula (Redemption- To put off/take off) The Wife gives Consideration for her release Wife can revoke during the period of Iddat VI. Mubaraat (Divorce By Mutual Consent)
Freeing each other, by mutual consent
2. With the Intervention of the Court : VII. Judicial Divorce (By Wife)[Faskh] VIII. Lien (By Wife)[Imprecation]- If the Husband brings false charges of Adultery on the Wife