Does Saying "Talaq" 3 Times Equal Divorce?
What about women's rights to divorce?
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KITAB Al-TALAQ
(Book of Divorce)
The Arabic word for divorce is 'talaq' – meaning "to set free or untie a knot". According to Muslim scholars, 'talaq' implies the legal way in Islam to “untie, dissolve or annul the relationship of marriage, by pronouncing certain words.
Talaq (divorce) in Islam is recognized in Islam as three types: Ahsan (praiseworthy), Hasan (acceptable), and Bid'a* (irregular or innovated).
Talaq Ahsan (most praiseworthy) occurs when the husband announces to his wife, the total refusal and denial of any further association or obligation of marriage, while she is in a state of 'Tahr' (purity – not during menses) and he has not had intercourse with her and is left alone to observe her 'Idda (waiting period).
Talaq Hasan (properly-recognized divorce) occurs if the husband refuses his wife by three pronouncements of “Talaq”, on three separate occasions.
Talaq Bid'a* (recognized divorced, but irregular) occurs when a husband announces to his wife, total refusal and denial of any further association or obligation of marriage, by three pronouncements of divorce all at one time. The majority of scholars rule, the Talaq (divorce) is final but the husband has done so against the spirit of Shari'ah (Islamic Law), and as such he has committed a big sin against himself.
Khula' (putting or taking off something) is the right of a Muslim woman to divorce her husband by returning all or part of the Mahr (dowry).
*Talaq Bid'a (innovated or irregular divorce) occurs when a husband dissolves the marriage by pronouncing three divorces all at the same time. The divorce is final, as in the other cases, but he has committed a big sin.
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 Rasoolullah, (peace be upon him), and he commanded him (Abdullah bin Omar) to take her back and then allow her time until after her menstrual cycle was completed and she is purified, then if he did not touch (have intercourse with) her, for this is the prescribed period Allah commands for divorce of wives. When Abdullah ibn Omar was asked about the one who divorces his wife in the sate of menses, he replied: “If you pronounce one Talaq or two 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 (divorcing your wife). However, she is (divorced from you).
- Book 9, Number 3477:
