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Dissolution of Muslim Marriages in Sharia Law, Lecture notes of Family Law

The Travesty of Talaq especially Triple Talaq and Halala.

Typology: Lecture notes

2023/2024

Uploaded on 01/28/2024

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DISSOLUTION OF MUSLIM MARRIAGES
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)
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DISSOLUTION OF MUSLIM MARRIAGES

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