There are three types of divorce in Islam:
1. Talaaqur Raj’ee (revocable divorce)
2. Talaaqul Baa’in (irrevocable divorce)
3. Talaaqul Mughallazah (permanently irrevocable divorce)
1. Talaaqur Raj’ee
Talaaqur Raj’ee is that type of divorce where the husband divorces his wife in clear and explicit terms. For example, he says “I divorce youâ€, or “You are divorcedâ€. Once the husband utters such words, the wife becomes divorced and she has to sit in Iddah (waiting period). The iddah will be three menstrual cycles if she experiences menses, three months if she does not experience menses or at child birth if she is pregnant. The husband now has the choice of revoking his divorce before the expiry of the Iddah period. The husband may revoke his divorce by verbally expressing his desire to take her back into his nikaah or by having physical contact with her by way of kissing, fondling, touching her with passion or having intercourse with her. If the husband does not revoke the divorce during the Iddah period, the divorce becomes irrevocable. Now, if he wishes to take her back (ie after the Iddah period has lapsed), he can only do so by peforming a new Nikah.
2. Talaaqul Baa’in
Talaaqul Baa’in is an irrevocable divorce where the husband uses ambiguous or vague words to divorce his wife. In other words, he uses such words which could mean divorce or which could also mean something else. For example, the husband tells his wife “Pack your bags and get out†or “You are no more my wife†or “Go to your father’s houseâ€. In all these cases where vague words are used, Talaaqul Baa’in will only take place if the husband has the intention of divorce at the time of uttering these wolds. If he merely uttered these words out of anger or he had some other meaning besides divorce in mind, divorce will not take place. Once the husband has issued one or two Talaaqul Baa’in, the nikaah has been broken and she has to sit in Iddah. If the husband wishes to take back his wife, a new Nikaah will have to be performed.
3. Talaaqul Mughallazah
Talaaqul Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife with three divorces (Talaaqur Raj’ee or Talaaqul Baa’in), their nikaah is completely broken. She cannot marry him until Halaalah has taken place. Halaalah is a process wherin the wife completes her Iddah, thereafter she marries another man and consummates her marriage with him. The second husband then divorces her or passes away. She again has to observe her Iddah from this second marriage. After this, she may again marry her first husband.
And Allah knows best.
One Response to “Types of Divorce”
November 12, 2009
HALIMAALLAH KNOWS BEST ,we all do not doubt that if only it is true or if only we understand the rules as intend by Allah. i have problem with the second type of divorce because if my husband will use all sort of offensive words to me, just because he did not intend to divorce me i have no right to pack out. so do you mean if my husband ask me to pack out to my father’s house,i should ask him do you mean divorce or not if he said no then i should stay. i doubt if Islam allow us to talk any how so my husband an use any sort of insult without any penalty .please let us be clear about the whole issue .i belive muslim women also have some kind of liberty