THE BOOK OF TALAQ (DIVORCE)

AL-KHUL’: The woman’s Right of cancellation of her marriage.

قال الله عز وجل (فإن خفتم ألا يقيما حدود الله فلا جناح عليهما فيما افتدت به).البقرة229
ALLAH (AZZ WA JALL) SAID: “If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is not blame on either of them if she give something for her freedom”. Al-Baqarah 229.

Also see HADEETH # 914 in Bulugh Al-Maram.

ALLAH (AZZ WA JALL) has ordained the conjugal/marriage live to be with love and mercy. But when it comes to a closed bath, then it is possible for the woman to request the KHUL’ and redeem herself from the husband. Unless it is not needed then it is disliked.[1]


AT-TALAQ (DIVORCE)

قال الله عز و جل (الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان) البقرة 229
ALLAH (AZZ WA JALL) SAID : A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. Al-Baqarah 229.

Definition of AT-TALAQ:

LINGUISTICALLY: To set free.
JURIDICALLY: To free the woman from the bond of marriage.

The Rule of AT-TALAQ: In general it is hated to ALLAH, but in some
cases it is the only solution.

When to divorce: When the wife is purified, before having intercourse
with her. Otherwise it is HARAM.

Who can divorce: The discernment, realized husband, who recognizes it.


SUNNAH TALAQ vs. BID’A TALAQ

Time wise When wife is purified When wife is menstruated
And before intercourse (or post-birth bleeding), or when purified after an intercourse.
Number divorce her once divorce her multiple times
Wise [three times for free man and two times for a slave].

<< HALAL >> << HARAM >>



CONDITIONS FOR TAKING BACK THE WIFE (RAJ’A):

1) The divorce should be less than the max. number.
2) During the IDDAH (period of waiting).
3) The divorced wife was gone in.
4) The divorce should be a compensated.
5) It should be a true NIKAH (marriage).
6) It should be unconditioned.


General notes:

1- It is equal to pronounce the divorce seriously or jokingly.
2- The divorce must be pronounced or written.
3- It is possible to make the divorce conditioned.
4- During the IDDAH the marriage is still valid
5- When getting the wife back it is liked to be witness on.






: Some scholars consider KHUL’ different than Divorce.[1]