Muslims There has been a lot of discussion on the issue of triple talaq i.e. ending a marriage by uttering talaq thrice. The central government also made triple talaq illegal by bringing a law. But, do you know that according to Islamic law, divorce is taken in many ways. In some cases, the husband initiates the divorce process, while in others, the wife initiates it. Islamic law includes divorce i.e. ending a marriage, Khul i.e. separation by mutual consent and Faskh i.e. divorce before a religious court. Historically, divorce rules were governed by Sharia. However, these rules may differ in different circles. In such a situation, historical practices were separate from legal principles.
In Islam, both husband and wife have many types of rights. This also includes the right to divorce. There are three types of divorce mentioned in Islam. These include Talaq-e-Hassan, Talaq-e-Ahsan and Talaq-e-Biddat i.e. triple talaq. Apart from triple talaq, Halala is also mentioned in Islam. If husband and wife want to be together again after divorce, then Halala is required. Now the question arises that what happens in these three types of divorce and who initiates it. At the same time, what is Halala and why is it needed for a divorced husband and wife to be together again in Islam?
Efforts for reconciliation are also made in Talaq-e-Hassan.
First of all let us know what is Talaq-e-Hassan? Under Talaq-e-Hassan, the husband divorces his wife within 3 months. In this, he divorces his wife once every month. This also includes the condition that when the husband pronounces talaq to the wife for the first time, the wife should not be menstruating. Then for the second time, before and after pronouncing talaq, efforts are made to bring about reconciliation between the two. If there is still no reconciliation between husband and wife, then the husband pronounces divorce for the third time in the third month. However, if the husband and wife have sexual intercourse even once during these 3 months, then they cannot get divorced.
In Talaq-e-Hassan, the husband pronounces Talaq to the wife three times at an interval of every one month.
There is an option of withdrawal in Talaq-e-Ahsan
In Talaq-e-Ahsan, the husband pronounces talaq to his wife only once. After this, both of them live under the same roof for the next 3 months. During this time both of them maintain distance from each other. In Talaq-e-Ahsan, if the husband wants to take back the divorce, he can do so anytime within 3 months. If he does not do this then after completion of 3 months their marriage gets dissolved.
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Talaq-e-biddat is called triple talaq
Under Talaq-e-Biddat, the husband divorces his wife thrice in one go. In this, the marriage gets dissolved immediately after uttering talaq thrice. This is also called instant divorce. The Central Prime Minister Narendra Modi government has made this divorce illegal by bringing a law. Now in the country, if the wife gives triple talaq, she can file a case against the husband. Now a demand is being made in the court to ban Talaq-e-Hasan and Talaq-e-Ahsan in the country.
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To live together, the wife has to go through Halala.
According to Islamic law, if a husband wants to reunite with his wife after divorcing his wife, then the woman has to go through Halala. Under this, the wife has to first marry another person. Then one has to divorce the second husband. Only after this is she able to return to her first husband. Not only this, she also has to remarry her first husband twice. At the same time, after divorce, the wife does not get anything in the name of maintenance fees. However, upon divorce the husband has to return the dowry amount.
In Khula, the divorce process is initiated by the wife instead of the husband.
Wife starts divorce process openly
It is a form of open divorce. In this the woman starts the process of ending the marriage. Through Khula, a woman can break her relationship with her husband. Khula is also mentioned in the Quran and Hadith. If a woman takes Khula from her husband, she has to return some part of her property. However, for Khula, consent of both husband and wife is necessary. It is clear that while in divorce the man decides to separate from his wife, in Khula the wife decides to separate from her husband.
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What is the system of divorce in Sanatan?
There is no system of divorce in Sanatan Dharma. However, under the Hindu Marriage Act, divorce can be obtained legally by filing a petition in the court. In this, the court also gives time to both of them for reconciliation. Even after this, if both do not want to live together then divorce is approved. Also, if the wife does not have any income from any source, then the husband has to pay her maintenance expenses every month or in lump sum, as decided by the court.
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Tags: Divorce, Islam tradition, Islamic Law, Muslim Marriage, Triple talaq
FIRST PUBLISHED: April 5, 2024, 18:04 IST