Talaq in Muslim Law
Marriage under Islamic law is a Civil contract. Therefore, we can’t mean it as indissoluble and permanent bond between the parties. The parties may dissolve the marital bond for any reason by the legal process of Islamic Shariah and Statutory Laws of Country.
There are various prescribed form of Divorce for Muslim ummah. Which are As follows:
- Extra – Judicial Divorce
- Judicial Divorce
- Husband’s Powerto Divorce : Talaq
- Wife’s Power to Divorce : Talaaq-i-tawhid
- Divorce Through Mutual Consent
- Other Processes
(i) Husband’s power to Divorce : Talaq
Islam has given exclusive power to Divorce to the Husband rather the Wife. When the husband wish to divorce his wife, there need no other formalities as extra. Whenever the husband pronounce talaq it becomes operative and the Iddah period will start and the time frame is 3 (Three) months or 3 menstrual cycles of wife. On completion of the iddah period, the talaq will become successful unless the wife get pregnant within those 3 months’ time.
- Talaq -E- Ahsan
When a pronouncement of revocable talaq made during the period of unconsummated purity and later the husband does not return or revoke within the iddah period. In such circumstances, the talaq becomes effective on expiry of iddah period. When the talaq becomes effective, these types of talaq shall be named as Talaq-e-Ahsan.
Talaq-i-hasan means pronouncement of Talaq three times at three diverse periods of unconsummated purity. Wheathe the husband revoked first two talaq or not in the third pronouncement of talaq such becomes effective. The third pronouncement is irrevocable by husband and such form of talaq is known as talaq-i-Hasan.
- Talaq al Bida
When the husband pronounces talaq thrice at the same meeting or a single irrevocable pronouncement of talaq and the talaq becomes effective and irrevocable. In such cases, all of the pronouncements are become final and irrevocable when the pronouncement is made.
(ii) Wife’s Power to Divorce: (talaaq-i-tawfid)
A wife does not have legal power to divorce on her own decision to dissolve a marriage. A wife can only dissolve a marriage by her own wish if the husband had conferred and delegated the power of divorce to wife.
Because of such regulation this types of divorce by the wife is known as talaq-i-tawfid. Thus, the conveyance of such power to divorce by the wife is made thorough the Kabinnama or Marriage Contract.
In Bangladesh, such power of divorce is delegated through the Column 18 of the kabinnama.
(iii)Through mutual consent (khula, Mubarat)
Khula talaq means the dissolution of marriage by mutual consent of both husband and wife. When both of the husband and wife seeks for such dissolution mutually, it’s called Mubarat. Khula or Mubarat talaq always takes place by the proposal of dissolution on the side of wife.
(iv) Other processes
Ila : When the husband takes an oath in the name of the Almighty Allah that he will keep himmself abstain from all types of physical relationship and intercourses with his wife for four months, and let the matter to be tried by a court, then on expiry of such 4 months, the court shall dissolve the marriage between both, and such form of talaq is known as Ila.
Zihar: Zihar refers to assessment. When the husband willingly or wrongfully compares his wife with anyone (i.e, sister/mother of his own) who is in the midst of prohibited degree with the husband, then such caparison shall amount to zihar. Zihar never directly dissolve the marriage, but a husband cannot live together with his wife until redemption. In the case, the husband fails to make an reparation, the wife shall be entitled to seek judicial divorce.
Lian: When the husband accuses his wife of adultery taking an oath in the name of the almighty and the wife also claim to be innocent take an oath in the name of Almighty. In such case, the matters to be referred for divorce to a court for conflicting oaths of the parties.