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1.00 Dollar US$ Talaq law in Islam Madison

Published date: January 29, 2021
  • Location: Madison, Indiana, United States

The word “Talaq” these days is very much in news due to ongoing debate regarding implementation of Uniform Civil Code envisaged under Article 44 of Constitution of India.


 


PREMISE of UCC


Let me first give you a brief on Article 44 of Indian Constitution. This article is provided in Part IV of the constitution which provides for Directive Principles of the State Policy. This part of the constitution is not enforceable or justiciable i.e. it cannot be enforced in courts nor government can be sued for their non-implementation. They are just directives which ought to guide the State policy whenever and wherever the state promulgates a policy or ordinance and/or comes up with Legislative Act. If any other Article or Act of the parliament is in contravention to Article 44 or any Article of Part IV of the constitution, the former will prevail.


 


BACKGROUND of “Talaq”


Talaq in its literal sense means to separate and when this meaning is applied to a muslim marriage, it in all-purpose means end of the marriage. Muslim marriage is essentially a contract. A contract to legalise sex between two people of opposite gender. The law governing marriage and divorce in Muslims is essentially derived from Quran and Hadith/Hadees. Quran is the holy book while Hadith/Hadees refers to the saying/ruling of Prophet. Leading sources of Hadith are Sahih-Muslim, Sahih-bukhari, sunan-al sughra etc for Sunni Muslim and Nahj al-Balaghah by Imam Ali, Risalah al-Huquq by Imam Sajjad, Golden dissertation by Imam Redha , Al-Sahifat al-Ridha by Imam Redha , Al-Sahifa al-Sajjadiyya by Imam Sajjad etc for Shia Muslims. 


 


“Talaq” in Shia and Sunni Islam


Various forms of Divorce in Islam are: –


By husband- Talaq, ila, and zihar.


By wife- Talaq-i-tafweez, lian.


By mutual agreement- khula and mubarat.


Let’s keep our focus more on Talaq as it is the predominant form of divorce in Islam


 


TALAQ in SUNNIS


 


Sunnis have 2 categories of Talaq. One is Talaq-ul-sunnat and other is Talaq-ul-Biddat. Without going in the details for the sake of brevity, let me give you brief on either of the categories.


 


Talaq-ul-Sunnat 


 


Talaq-ul-sunnat has 2 types of Talaq/divorce i.e. Talaq-ul-Ahsan and Talaq-ul-Hasan. There is not much of a difference between the two of them except the mode of saying of the word “Talaq”


 


Both have 3 steps: – 


 


Initiation 


Both i.e. Ahsan and Hasan has initiation which means that the Husband will initiate the divorce by pronouncing “I divorce thee” once. This will initiate the talaq process. 


 


Reconciliation 


 


After the Talaq has been initiated, Talaq can be revoked if couple repudiates by either vocal expression or by engaging in sexual act before the 3 months of initiation of talaq (if she is has stop menstruating) or before her 4th successive menstruating cycle i.e. within 3 successive menstrual cycle. The only difference between ahsan and hasan is that after each menstruation, in ahsan, the expression “I divorce thee” must be expressly said while in the case of hasan it is not necessary to expressly say it.


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