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TALAQ
QUESTION
Amir married Rosie ten years ago. He had taken two bank loans
in order to purchase matrimonial home. Thing were not going
right for Amir at the office. He was not promoted to the post of
General Manager as he had planned. He felt most stressful. Rosie
has been asking for more money for the households. One
morning, he had a heated quarrel with Rosie. He stormed out of
the house shouting :
When he arrived at the office, Amir wrote message to his wife via
the short messaging system stating again :
I divorced you with one talaq. You can go back to your family.
QUESTION
Rosie telephoned her parent to pick her up from her home.
When they arrived, she showed the sms to her father.
Rosies father took her to the Qadis office to report the
matter.
Terminology
Arabic
of Jurists
annulment of its
Freeing or legality by the
undoing the knot pronouncement
of certain words.
ISLAMIC AUTHORITY
Al Baqarah
Ibnu Umar
: 229
Talaq may be
pronounced (twice), Of all lawful acts, the
then keep (them) in most detestable to
good fellowship or let Allah is divorce.
them go with kindness.
TYPES OF TALAQ
A divorce by one or
two talaq not
followed by the
Rajii completion of iddah.
Revocable Talaq :
Sec.51 IFLA
Talaq
Sughra
Bain
Kubra
TYPES OF TALAQ
When the husband pronounces
three talaqs by one or more words
to his wife at once or at different
times.
So if a husband divorces
his wife (irrevocably) he
cannot, after that, remarry
Al Baqarah : 230
her until she has married
another husband and he
has divorced her.
RUKUN TALAQ
Lawfully
Husband Wife
married
Intentions of
the husband
INTENTION
Sarih Explicit
Sarih (explicit)
Even without intention
the Talaq is effective
Writing must be
clear and Haji Hanafiah v
accompanied by Rokiah
intention
Radzi v Abdullah
Ibn Umar said that he divorced his wife when she was
menstruating. Upon mention of this to The Prophet SAW,
he said Order him to take her back and divorce her
when she is purified from menstrual discharge or she is
pregnant.
(HANAFI)