Rules of Talaq in Islam
Hi all readers! Are you looking for an explanation of “what are the rules of talaq in Islam?”? If your answer is “Yes”, congratulations! Now you are reading the right article. Why? Because that is what I will explain in this article. As Muslims, we must understand that. That's why I wrote this article. So, you should read it to the end!
Specifically, there are two important things about “what are the rules of talaq in Islam?” which I will explain in this article. The two important things I mean are as follows:
Talaq in Islam
The first important thing about “what are the rules of talaq in Islam?” what I will explain now is talaq in Islam. Specifically, I will explain the basic things about talaq in Islam. I want you to understand that before you read more explanations in this article because there are some Muslims who do not understand it well.
By the way, have you read the article on “what does talaq mean in Islam?” which I have written before? If you haven't read it, I highly recommend you read it. In the article I have explained some very important basic things about talaq in Islam.
In the article I have explained the literal meaning of talaq. In short, I will say that talaq literally means the separation of one spouse from the other (separation of husband and wife). While talaq in Islam or in Islamic law is canceling the marriage contract (aqd an-nikah) with clear or unclear words (satire or parable) with niyyah for talaq.
In Islamic legal literacy there are many explanations about talaq, such as the rules of talaq, types of talaq, talaq that can be canceled, talaq that cannot be canceled, the rights of the wife after talaq, and so on. I will explain a few things about it in the next few articles, insha Allah.
Talaq in Quran
Quran is the main reference for Muslims. In Quran there is a verse that is used to understand the law of a problem. That's why we can find an explanation of talaq in Quran. Some of the Quranic verses regarding talaq are as follows:
وَاِنْ عَزَمُوا الطَّلَاقَ فَاِنَّ اللّٰهَ سَمِيْعٌ عَلِيْمٌ
And if they decide on divorce - then indeed, Allah is Hearing and Knowing. (Al-Baqarah [2]; 227).
اَلطَّلَاقُ مَرَّتٰنِ ۖ فَاِمْسَاكٌۢ بِمَعْرُوْفٍ اَوْ تَسْرِيْحٌۢ بِاِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ اَنْ تَأْخُذُوْا مِمَّآ اٰتَيْتُمُوْهُنَّ شَيْـًٔا اِلَّآ اَنْ يَّخَافَآ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۗ فَاِنْ خِفْتُمْ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۙ فَلَا جُنَاحَ عَلَيْهِمَا فِيْمَا افْتَدَتْ بِهٖ ۗ تِلْكَ حُدُوْدُ اللّٰهِ فَلَا تَعْتَدُوْهَا ۚوَمَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَاُولٰۤىِٕكَ هُمُ الظّٰلِمُوْنَ
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. (Al-Baqarah [2]; 229).
يٰٓاَيُّهَا النَّبِيُّ اِذَا طَلَّقْتُمُ النِّسَاۤءَ فَطَلِّقُوْهُنَّ لِعِدَّتِهِنَّ وَاَحْصُوا الْعِدَّةَۚ وَاتَّقُوا اللّٰهَ رَبَّكُمْۚ لَا تُخْرِجُوْهُنَّ مِنْۢ بُيُوْتِهِنَّ وَلَا يَخْرُجْنَ اِلَّآ اَنْ يَّأْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍۗ وَتِلْكَ حُدُوْدُ اللّٰهِ ۗوَمَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَقَدْ ظَلَمَ نَفْسَهٗ ۗ لَا تَدْرِيْ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter. (Ath-Thalaq [65]; 1).
Those are some Quranic verses about talaq or talaq in Quran. As Muslims, we must understand that.
Talaq in Hadith
Hadith is the main reference for Muslims after the Quran. The point is that if Muslims do not find a legal explanation in the Quran, then two should look for an explanation in the hadith if there is an explanation. Likewise, talaq. That's why we can find an explanation of talaq in hadith. Some hadiths about talaq are as follows:
عَنْ عَبْدِ اللهِ بْنِ عُمَرَ رَضِيَ اللهُ عَنْهُمَا : أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ [تَطْلِيْقَةً وَاحِدَةً] ، فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللهُ عَنْهُ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَلِكَ ، (فَتَغَيَّظَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثُمَّ) قَالَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ : (مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ، ثُمَّ تَحِيْضَ ، ثُمَّ تَطْهُرَ ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ ، وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ ، فَتِلْكَ الْعُدَّةُ الَّتِيْ أَمَرَ اللهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ . مُتَّفَقٌ عَلَيْهِ . وَفِيْ رِوَايَةٍ لِمُسْلِمٍ قَالَ : مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا
From Abdullah ibn Umar radiyallahu anhuma, that he had divorced his wife when shewas menstruating during the time of Allah's Messenger (Prophet Muhammad) sallallahu alaihi wa sallam (divorced one). Umar bin Khattab radliyallahu anhu then asked the Messenger of Allah (Prophet Muhammad) salallahu alayhi wa sallam about it, (Allah's messenger sallallahu alayhi wa sallam then got angry). Then Allah's Messenger said, "Tell him to return to his wife (cancel talaq), then tell him to maintain her until she is pure (ends menstruation), then she has a second period, then she is pure (ends menstruation) second). Then if after that he wants to defend her, then he may defend her. If he wants to divorce her, then he may divorce her. Those are the rules about divorcing wives that Allah has commanded.” This hadith was narrated by al-Bukhari and Muslim. In a Muslim narration it is explained (another hadith editor), "Tell him to return to his wife and then divorce her in a holy state or while pregnant."
عَنْ عَائِشَةَ رَضِيَ اللهُ عَنْهَا أَنَّ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ قَالَ : لَا طَلَاقَ وَلَا عَتَاقَ فِي إِغْلَاقٍ
From Aisha radliyallahu anha, that the Messenger of Allah (Prophet Muhammad) sallallahu alayhi wa sallam said, "There is no talaq and freedom (free the slaves) is closed."
One important thing about the second hadith about talaq that I want to explain is, that there is a difference of opinion about the meaning of the phrase “in a closed (إِغْلَاقٍ)” in the hadith:
- Ash-Shafi'i, Masruq, Ahmad, Abu Daud, al-Qadli Ismail explained that what is meant by "in a closed (إِغْلَاقٍ)" is anger. So, talaq is invalid in a state of anger.
- Some Islamic jurists explain that what is meant by "in a closed (إِغْلَاقٍ)" is madness. So, talaq is invalid in a state of madness.
- Some other Islamic jurists explain that what is meant by "in a closed (إِغْلَاقٍ)" is compulsion. So, talaq is not valid in a state of necessity.
That is a brief explanation of "talaq in hadith" and "talaq in Islam". As Muslims, we must understand that.
What are the Rules of Talaq in Islam?
The second important point about “what are the rules of talaq in Islam?” what I'm going to explain now is a specific answer. I want you to understand that so that you have a complete understanding of our discussion.
Specifically, if we read some Islamic legal literature on talaq, then we will find an explanation that there are two rules of talaq in Islam:
- The husband who gave the talaq was mature, not forced, and conscious.
The first rule of talaq is that the husband giving the talaq is baligh (adult), is not forced to do talaq, and is aware that it is talaq. In other words, if your husband is immature, then he cannot give you talaq. If your husband is forced or unconscious, then the talaq is invalid, unless the court is forcing it.
- The divorced wife in a chaste condition and not after sex.
The second rule of talaq is that the divorced wife is in a holy condition and not after sex. In other words, if you are in an impure condition, such as if you are menstruating, or if you have had sex with your husband, then talaq is valid but it is haram: your husband should not give you talaq if you are menstruating or after sex.
That's a brief explanation of "what are the rules of talaq in Islam?" and some important things about it. Do you understand? If you want to ask, please ask!
I think that's enough for this article. Hopefully useful. Amen.
See you again in the next article!
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