These are frequently asked questions about dissolution of Muslim marriage, Talaq, Talaq-e-tafweez, kinds of talaq.
Type – I: Answer in Two or Three Sentences (2M)
a) Who can pronounce Talaq?
Every Muslim husband of sound mind, who has attained the age of puberty, is competent to pronounce talaq. It is not necessary for him to give any reason for his pronouncement.
b) What is “Tuhr”?
Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the period of Tuhr is the period during which cohabitation is possible.
c) State two grounds on which a Muslim Woman can seek divorce. (State any Two)
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:
- that the whereabouts of the husband have not been known for a period of four years;
- that the husband has neglected or has failed to provide for her maintenance for a period of two years;
- that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;”
- that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
- that the husband was impotent at the time of the marriage and continues to be so;
- that the husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease;
- that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;
- that the husband treats her with cruelty,
d) After death of husband a Muslim woman want to marry again. What is the prescribed procedure?
The wife cannot remarry immediately after the death of her husband for a certain period known as iddat. Iddat is a period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone. When husband dies the wife has to observe an iddat period of four moths and ten days from the date of her husband’s death. If wife is pregnant at the time of the death of husband then the iddat period extends till delivery of the child.
e) Muslim husband transfers “power of giving Talaq” to wife. What is it called as?
Under Talaq-e-tafweez, the husband delegates the power to divorce from his wife or any third party the power to repudiate the marriage on his behalf. The husband gives the authority to the wife to divorce herself until and unless she revokes such authority. The wife can pronounce Talaq by any one of the modes of Talaq, Talaq-e-ahsan ot Talaq-e-hasan, whichever she likes.
f) What is Talaw-e-Tafweez?
Under Talaq-e-tafweez, the husband delegates the power to divorce from his wife or any third party the power to repudiate the marriage on his behalf. The husband gives the authority to the wife to divorce herself until and unless she revokes such authority. The fact that husband delegates the power to the wife does not dispossess him of his right pronounce talaq. The wife can pronounce Talaq by any one of the modes of Talaq, Talaq-e-ahsan ot Talaq-e-hasan, whichever she likes.
g) What is Mubarat?
The literal meaning of the word Mubaraat is ‘obtaining release from each other.’ It is said to take place when the husband and wife, with mutual consent and desire, obtain release and freedom from their married state. The offer for separation in mubaraat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete. It takes effect as one irrevocable divorce (Talaq-e-bain) without the aid of the court.
h) What is Khula?
Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. A woman seeks a Khula while a man seeks a Talaq. The Iddat period also allows for reconciliation for the husband and wife.
i) What is Talaq-e-ahasan?
It can be defined as a single pronouncement of Talaq in the period of ‘tuhr’ or purity (i.e., when the wife is free from her menstrual courses). It is followed by the abstinence from any sexual relationship during the period of tuhr and whole of the Iddat period.
j) What is Talaq-e-hasan?
Talaq Hasan consists of three successive pronouncements of Talaq which are made by the husband during three consecutive periods of Tuhr (purity). During each Tuhr period, no sexual intercourse must have taken place else the pronouncement made during that period shall not be considered as valid.
k) What is Talaq-e-biddat?
In Talaq-e-biddat, pronouncement of Talaq was done by saying Talaq three times in a row. Nowadays, it is known as “Triple Talaq”. It is irrevocable. The only way to reconcile the marriage is through the practice of nikah halala. It is not accepted form of talaq.
l) What is Nikah halala?
Talaq-e-biddat is irrevocable. The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month iddat period and return to her husband and remarry.