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Encyclopedia > Talaq (Nikah)
The factual accuracy of this article is disputed.
Please see the relevant discussion on the talk page.

A Talaq (Arabic: الطلاق ) is the Islamic term for divorce and is used to end a marriage, or Nikah (Arabic: النكاح ). Image File history File links Stop_hand. ... Arabic (; , less formally, ) is the largest member of the Semitic branch of the Afro-Asiatic language family (classification: South Central Semitic) and is closely related to Hebrew and Aramaic. ... Islam (Arabic: ; ( â–¶ (help· info)), the submission to God) is a monotheistic faith, one of the Abrahamic religions and the worlds second-largest religion. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... Nikkah is the contract between a bride and bridegroom and part of a Islamic marriage. ... Arabic (; , less formally, ) is the largest member of the Semitic branch of the Afro-Asiatic language family (classification: South Central Semitic) and is closely related to Hebrew and Aramaic. ...


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. Shia scholars view triple talaq as a jahiliyya (a Pre-Islamic Pagan) custom, forbidden by Muhammad, but reinstated by Umar, and thus Haram (forbidden). Sunni scholars agree to the facts, but deem it Halal (acceptable) anyway. Some Sunni countries have debated whether the triple talaq can be performed with the help of modern technology such as by text message. [citation needed] Shiʻa Islam (Arabic شيعى follower; English has traditionally used Shiite) makes up the second largest sect of believers in Islam, constituting about 30%–35% of all Muslim. ... Sunni Islam (Arabic سنّة) is the largest denomination of Islam. ... A Muslim (Arabic: مسلم) (sometimes also spelled Moslem) is an adherent of Islam. ... Talaq. ... Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ... Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ... Jahiliyyah is an Islamic concept referring to the spiritual condition of pre-Islamic Arabian society. ... Muhammad (c. ... For other uses of the name, see Umar (disambiguation). ... Haraam (harām) (Arabic: حرام ) is an Arabic word, used in Islam to refer to anything that is prohibited by the faith. ... Halaal (Arabic: حلال , also sometimes spelled halal) is the Islamic term for permissible, similar to the Jewish kosher. ...


In some Sunni schools of jurispurdence it is possible for a woman to petition a qadi 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] Qadi (قاضى) is an Arabic term meaning judge. ...


Shia practice requires two witnesses (ref) followed by a the iddah period where the couple are supposed to try to reconcilaite with the help of mediators from each family. If the couple breaks the iddah, the talaq is voided. After the iddah is over, the couple is divorced and the husband is no longer responsible for the wife's expenses. It is requested that this article, or a section of this article, be expanded. ... It is requested that this article, or a section of this article, be expanded. ... Talaq. ... It is requested that this article, or a section of this article, be expanded. ...

Contents


Implication

Divorce is allowed in Islam, 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 Sunni tradition, it is said that "divorce shakes the throne of Allah".


Rules

Shia and Sunni have different rules to engage a Talaq. Shiʻa Islam (Arabic شيعى follower; English has traditionally used Shiite) makes up the second largest sect of believers in Islam, constituting about 30%–35% of all Muslim. ... Sunni Islam (Arabic سنّة) is the largest denomination of Islam. ... Talaq. ...


The Talaq has three steps:

  • Initiation
  • Reconciliation
  • Completion

Initiation

This is the stage where the Talaq process is initiated.


According to most Sunni scholars it consists of:

  • The husband saying "Talaq" in presence of the wife.
  • Allows triple talaq

According to most Shia scholars: Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ...

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

The appropriate verses from the Quran are: Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ...

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) Allah, 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 Allah has created in their wombs, if they believe in Allah and the last day...

Surah ( ) is the Arabic term for chapter of the Quran. ... Surat At-Talaq (Divorce) is the 65th sura of the Quran with 12 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ... Surah ( ) is the Arabic term for chapter of the Quran. ... Surat al-Baqarah (Arabic: سورة البقرة ) (the Cow) is the second, and the longest, sura of the Quran, with 286 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ...

Reconciliation

According to Sunni jurisprudence:

  • Sunni scholars view a talaq initiated and completed by the recitation of the words "talaq, talaq, talaq" by the husband.

According to Shia jurisprudence: Talaq. ...

  • 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 talaq is voided.

The appropriate verses from the Quran are: It is requested that this article, or a section of this article, be expanded. ... It is requested that this article, or a section of this article, be expanded. ... Talaq. ...

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, Allah will effect harmony between them, surely Allah 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 Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion.

Surah ( ) is the Arabic term for chapter of the Quran. ... Surat An-Nisa (The Women) is the 4th sura of the Quran, with 176 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ... Surah ( ) is the Arabic term for chapter of the Quran. ... Surat At-Talaq (Divorce) is the 65th sura of the Quran with 12 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ...

Completion

After the completion of the talaq 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 hijab rules. Hijab (Arabic: حجاب) is the Arabic term for barrier or dressing modestly. ...



In Sunni theology:

  • Sunni scholars view a talaq initiated and completed by the husband saying the triple talaq.

In Shia theology: Talaq. ...


After the iddah is over, the Talaq procedure is completed. Two witnesses ref are required to witness the completion of the Talaq. It is requested that this article, or a section of this article, be expanded. ... Talaq. ... Talaq. ...


The relevant parts of the Quran 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 Allah. With that is admonished he who believes in Allah and the latter day; and whoever is careful of (his duty to) Allah, 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 Allah 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) Allah, and know that Allah is the Knower of all things.

Surah ( ) is the Arabic term for chapter of the Quran. ... Surat At-Talaq (Divorce) is the 65th sura of the Quran with 12 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ... Surah ( ) is the Arabic term for chapter of the Quran. ... Surat al-Baqarah (Arabic: سورة البقرة ) (the Cow) is the second, and the longest, sura of the Quran, with 286 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ...

Aftermath

  • 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 Islam, a woman can not remarry a man after having been divorced from him for the third time. ... Haraam (harām) (Arabic: حرام ) is an Arabic word, used in Islam to refer to anything that is prohibited by the faith. ...

  • 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 Quran 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 Allah and the last day, this is more profitable and purer for you; and Allah 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) Allah and know that Allah 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; Allah 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 Allah knows what is in your minds, therefore beware of Him, and know that Allah 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).

Surah ( ) is the Arabic term for chapter of the Quran. ... Surat al-Baqarah (Arabic: سورة البقرة ) (the Cow) is the second, and the longest, sura of the Quran, with 286 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ... Surah ( ) is the Arabic term for chapter of the Quran. ... Surat al-Baqarah (Arabic: سورة البقرة ) (the Cow) is the second, and the longest, sura of the Quran, with 286 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ... Surah ( ) is the Arabic term for chapter of the Quran. ... Surat al-Baqarah (Arabic: سورة البقرة ) (the Cow) is the second, and the longest, sura of the Quran, with 286 ayat. ... Translations of the Qurán are versions of the most holy book of Islam in languages other than Arabic. ... Mohammad Habib Shakir, born Cairo 1866, died Cairo 1939, translated the Quran into English. ...

Talaq 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.


See also

Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ... Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her talaq, talaq, talaq (I divorce you, three times). ... This article needs to be cleaned up to conform to a higher standard of quality. ...

External links


  Results from FactBites:
 
Islamic view of marriage - Wikipedia, the free encyclopedia (1330 words)
Nikah is the first, and most common form of marriage for Muslims; described in the Quran in sura 4:4.
Nikah Mut'ah, or "fixed-time marriage", is the second form of marriage described in the Quran in ayat 4:24.
Nikah urfi, "Az-Zawaj ul-urfi", "Nikah urfi", "unregistred/hidden marriage" is a marriage that fills the Islamic Juridical aspects of marriage, but without filling a registration to the state.
Nikah Mut'ah - Wikipedia, the free encyclopedia (2428 words)
A distinction between a Talaq in a Nikah and voiding a Nikah Mut'ah is made in a conversation reported in a hadith collection (Muwatta 28.6.16).
The Nikah does not have a equivalent form among the Ahl al-Kitab, and therefore the women of Ahl al-Kitab are not accustomed to the rules of Nikah, for example the husband being responsible for the wife's expenses or the wife not being permitted to leave her house against the husband's wishes.
This is in contrast to the verse on the subject of Nikah, verse 4:4.
  More results at FactBites »


 

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