The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 26 No 10, p.18

Please explain in some detail the kinds of Talaaq and their effects.

Question

Please explain in some detail the kinds of Talaaq and their effects. What is Raj'i and Baain? What is Khula'? Is Khula' issued by a Mufti?

Answer

1) One or two Talaaq in which the word Talaaq/Divorce or any derivative of it is used, constitute Talaaq Raj'i. This is a revocable Talaaq. The husband is entitled to revoke this Talaaq and take back his wife although the Talaaq will always remain suspended. It is valid within the Iddat period.

If the Raj'at (taking back) is not made during the Iddat, then it will be transformed into Baa-in. The Nikah is then irrevocably terminated. They may reconcile, but a fresh Nikah has to be performed. The woman's consent is necessary. The new Nikah can be performed only if one or two Talaaq had been issued. Once the third one is issued, then there is no scope for reconciliation.

Three Talaaqs issued in any way whatsoever, immediately terminates the Nikah. The Iddat commences immediately when the third Talaaq is issued.

2) Khula' is a voluntary agreement between the husband and wife. It cannot be imposed on any of the parties. The effect of Khula' is Baa-in. After Khula' reconciliation may take place and a fresh Nikah has to be performed.

Khula' is between the husband and wife. A Mufti is not required for effecting Khula'. Khula' is not issued by a Mufti. It is a simple issue. The wife pays the husband a sum of money for gaining her release by means of Talaaq. It is haraam for the husband to demand more than the Mahr amount for the Khula' process.

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Published in
The Majlis Vol 26 No 10
PDF page
18

Appears under TALAAQ & KHULA' (approximate).

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