According to Islamic law, marriage in Islam is about a civil contract between men and women who be ready for that. Even though the concept of marriage is concerning about the welfare of humanity, but the marriage can be hard tough. That is why a divorce can be avoided such as happen in a couple that does marriage without parents’ blessing.
Divorce in Islam can happen when the husband mentions Talaq to his wife. Talaq is a unilateral right of the man to divorce his wife verbally or in writing.
In Islam, there are three types of Talaq. Every type is different and it has a different solving problem because there are some effects of divorce in Muslim law.
1. Talaq E-Raj’i - Revocable Divorce
This type of Talaq given by husband either he says it in once or twice to his wife. This kind of type can be said by the world Talaq or in writing style.
Some people can use the writing method because it’s hard to tell their wives directly. Besides, from a law perspective, hands writing can be used as proof of their divorce.
Sometimes, if the Talaq says verbally there is no evidence to prove that. Except there is a witness while a husband mentions a divorce to his wife.
The Talaq E-Raj’i is kind of a revocable divorce as they are trying to reconcile in the way of how to prevent divorce in Islam. The reconciliation can happen as long as they need a while to happen before Iddah periods.
In Islam, Iddah periods happen for about six weeks. It made for the reconciliation time to the couple before their decision is final to divorce.
This reconciliation time, as mentions in the Quran surah An Nisa verse 35 needs a third person. It needs to cool down the circumstances between the couple so the divorce won’t happen.
وَاِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوْا حَكَمًا مِّنْ اَهْلِهٖ وَحَكَمًا مِّنْ اَهْلِهَا ۚ اِنْ يُّرِيْدَآ اِصْلَاحًا يُّوَفِّقِ اللّٰهُ بَيْنَهُمَا ۗ اِنَّ اللّٰهَ كَانَ عَلِيْمًا خَبِيْرًا - ٣٥
“And if you are worried about a dispute between the two, then send a peacemaker from a male family and a peacemaker from a female family. If both of them (peacemakers) intend to make improvements, surely Allah gave taufik to the husband and wife. Really, Allah is All-pervasive, All-Knowing.” (QS 4:35)
2. Talaq E-Ba’in – Irrevocable Divorce
This type of Talaq happens when the husband says to his wife “ I give you a Talaq E-Ba’in”. In other words, these word says unclearly pronounce.
The couple can be live in a separate way after this, but this does not mean that they are already divorce. Such as mention in the Quran surah An Nisa verse 34.
اَلرِّجَالُ قَوَّامُوْنَ عَلَى النِّسَاۤءِ بِمَا فَضَّلَ اللّٰهُ بَعْضَهُمْ عَلٰى بَعْضٍ وَّبِمَآ اَنْفَقُوْا مِنْ اَمْوَالِهِمْ ۗ فَالصّٰلِحٰتُ قٰنِتٰتٌ حٰفِظٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّٰهُ ۗوَالّٰتِيْ تَخَافُوْنَ نُشُوْزَهُنَّ فَعِظُوْهُنَّ وَاهْجُرُوْهُنَّ فِى الْمَضَاجِعِ وَاضْرِبُوْهُنَّ ۚ فَاِنْ اَطَعْنَكُمْ فَلَا تَبْغُوْا عَلَيْهِنَّ سَبِيْلًا ۗاِنَّ اللّٰهَ كَانَ عَلِيًّا كَبِيْرًا - ٣٤
“Men (husbands) are protectors for women (wives), because Allah has exaggerated some of them (men) over some others (women), and because they (men) have provided their means of income. So godly women are those who obey (to Allah) and take care of themselves when (their husband) is not present because Allah has taken care of (them). Women who are worried about nusyuz, you should give advice to them, leave them in bed (separate beds), and (if necessary) beat them up. But if they obey you, then do not find excuses to trouble them. Truly, Allah is the Highest, the Greatest.” (QS 4:34)
There is still a reconciliation between the Iddah periods in the Talaq E-Ba’in, but they can be remarried again without waiting for the Iddah periods end.
If they can be reconciliation during the Iddah time, the remarried can happen as soon as they want, with the same married procedure in Islam.
3. Talaq E-Mughazallah – Irrevocable Divorce
This type of Talaq is the most controversial Talaq with the triple Talaq as mentions in most of Muslims to divorce their wife. The words will say three times by the husband to his wife.
After that, the wife can avoid the Talaq, but still can speak about reconciliation in case she does want to be divorced. As mentions in the Quran surah An Nisa verse 128.
وَاِنِ امْرَاَةٌ خَافَتْ مِنْۢ بَعْلِهَا نُشُوْزًا اَوْ اِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَآ اَنْ يُّصْلِحَا بَيْنَهُمَا صُلْحًا ۗوَالصُّلْحُ خَيْرٌ ۗوَاُحْضِرَتِ الْاَنْفُسُ الشُّحَّۗ وَاِنْ تُحْسِنُوْا وَتَتَّقُوْا فَاِنَّ اللّٰهَ كَانَ بِمَا تَعْمَلُوْنَ خَبِيْرًا - ١٢٨
“And if there are women who are hesitant about Nusyuz or win indifferently, then that can help real peace, and peace is better for humans according to their stingy nature. And if you improve (associate with your wife) and improve yourself (from deceit and indifference), then truly, Allah is Examining what you do.” (QS 4:128).
Talaq-e-Mughallazah is initiated if the husband pronounces Talaq saying, ‘I give you three Talaqs’ or saying ‘Talaq, Talaq, Talaq’ in one sitting.
It should be noted that this method of separation is Haraam (forbidden)in Islam, however, if pronounced it is still effective. It totally and irrevocably terminates the marriage with immediate effect.
In Islam, divorce can happen if reconciliation time does not work between the couples. On the other hand, if something happens following this thing, so the divorce comes to the final.
That is why we need to be more concerned about how to find a spouse in Islam before marriage.
- Completion of the Iddah resulting from the Talaq;
- The wife marries another man by performing Nikah;
- The new couple have sexual intercourse;
- The new husband divorces the wife of his own free will or he passes away;
- The wife completes the Iddah of either the Talaq or death
- Thereafter, the first husband can re-marry his ex-wife
So, now you know about three types of Talaq in Islam. A divorce, even though lawful in Islam, but Allah hates the most about this kind of thing.
Be wise while say something to your spouse. Take a moment to see some things to look for in marriage Islam. May Allah give you His blessing.