TALAQ & KHULA’
(Divorce)
Before every “divorce” there is marriage.
Allah tells about it, based on LOVE, in Quran!
Divorce is allowed in Islam. However, it is discouraged and only as the last option. Prophet Muhammad once said, "Of all the Halal (lawful) things, divorce is the most hated to Allah." First step, by a coupld is search your hearts, try to make it work.
(30:21) But if . . there is no way to save the marriage, then . .
Al Talaq or Khula’
“Talaq” in Arabic is: “setting free or untying the knot”. This expression is used between a married couple when the husband tells his wife, “I say we are divorced.”
Scholars of Islam say, ‘Talqa' implies the legal way in Islam to “dissolve, annul or 'untie the knot' of their marriage relationship.”
Talaq (divorce) is recognized in Islam as three types:
1. Talaq Ahsan (most praise worthy) occurs when she has completed her menstrual cycle, her husband has not had intercourse with her, then her husband announces to her a total refusal to continue any further association or obligation of marriage, while she’s in a state of 'Tuhur' (purity – not durning menses) and he does not have intercourse with her for four months, after he informs her. He continues to support her for all of this time in her 'Idda (waiting period).
2. Talaq Hasan (properly recognized divorce) occurs when a husband refuses his wife (for intercourse) by three times saying: “Talqa”, on three separate occasions.
3. Talaq Bida (recognized divorced, but irregular) occurs when a husband says “Talqa” (I divorce you) three times (at the same time) to his wife, total refusal and denial of any further association or obligation of marriage.
Scholars give the ruling of Talaq, but the husband did something against the spirit of Shariah (Islamic Law), and he got a major sin to himself.
orce in Islam, led by the wife. Both forms will end the marriage in Sharia Law.
Khula' (removing something) is the right of a Muslim woman to divorce her husband by returning all or part of the Maher (dowry). However, she does not say “Talaq” even one time.
Khula’ and Faskh are forms of divorce, led by the wife. In the Khula’ the wife will return the dowry (Mahr) given to her by her husband, or release him from the obligation to pay the balance, if there is one. They both agree the marriage is over.
Faskh is different. When a husband does not agree to say the “Talaq”, even though the marriage is beyond repair.
(Islam forbids the husband to refuse to give “Talaq”). The Islamic court takes over and the wife gets the divorce in this case. She gets all her rights of child support, maintenance, in the Islamic court.
Any Important decision for you, should be made after Istikharah (pray asking Allah) and by mutual consent.
All marriages have ups and downs. Talaq should be the last thing you consider. “Have I really tried everything ?”
Think through this, of you needs and weakness. Remember all the good things from your spouse. Forgive the mistakes.
Don't let shayton (the devil) influence you.
He really gets happy when a marriage breaks apart.
Be patient over the minor things. Try to work out the major things. Talk with your spouse, your feelings, fears . . and needs.
Remeber others close to you, your family, friends, and your spouses relatives and friends. Children always have the top priority in Islam. Call on an Imam, or Islamic counsellor for help.
BUT NO ONE - should be in a relationship causing distress, suffering or pain. If this is the case, then Allah have Mercy on you both. But remember too, each of you go your separate ways, in peace and sincerity.
If, after evaluating everything, you find there is no other option than "Talaq", there is no shame to going through all this. Allah gives us the option to get out of a relationship not working - it we have tried everything. Think about what Allah says in Surah Baqarah, (ReciteQuran.com/2:229)
“The parties should either hold together on equitable terms or separate with kindness.”
Maybe You Should Read This First: (click)
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Abdullah ibn Omar (Allah be please with him), said he had divorced his wife during her period of menses. His father, Omar (Allah be pleased with him), asked Rasulullah, (peace be upon him).
He, (peace be upon him) replied: “If he pronounced 1 Talaq or 2 Talaqs, Rasoolullah, (peace be upon him), ordered him to take back his wife, then allow her the necessary time for her period to end and then - before touching her (for intercourse) - and if you pronounced it (three Talqa all at once) you have disobeyed your Lord regarding what He Commanded you about Talaq. However, she is (divorced)”. Book 9, Number 3477
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India passed a law in July of 2019, making the triple Talaq (talaq-e-biddah) in any form — spoken, written, or by electronic means illegal, void, and punishable by up to three years in prison.
Under the new law, an aggrieved woman is entitled to demand maintenance for her dependent children. India is one of many countries banning the triple Talaq.
