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Nikah (Marriage) - Talaaq (Divorce) Awake! Ramadaan 1445 (2024), p.91

What is Talaaq Baa-in and what are its effects?

Question

What is Talaaq Baa-in and what are its effects?

Answer

Talaaq Baa-in is an irrevocable Divorce. Its effect is the termination of the Nikah. In other words the Nikah is nullified. The couple has to adopt total Purdah for one another. They are no longer husband and wife. The woman is in the state of Iddat.

However, if one or two Talaaq Baa-in have been issued, then they may reconcile at any time, whether during the Iddat or after expiry of the Iddat. But a fresh Nikah has to be performed before they can live together.

If the husband states: "I give you one (or two) Talaaq Baa-in", then the Talaaq/s come into immediate effect.

If the husband utters ambiguous words such as: "Get out from my house!", or "Go back to your parents.", or "Pack-up your clothes and get out.", or any such

MONOSODIUM GLUTAMATE (MSG) - 92 -

ambiguous terms which could mean Talaaq or merely a threat, then his niyyat (intention) will be the determinant. If he says that his intention for making the statement was to end the marriage / divorce, then the effect will be Talaaq Baa-in. If he says that he did not have the intention of divorce, then it will not be Talaaq.

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Published in
Awake! Ramadaan 1445 (2024)
PDF page
91

Appears under TALAAQ BAA-IN.

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