The best way to give divorce (talaq e ahasan)

The best way to give divorce (talaq e ahasan):The Sharīʿah also teaches us the manner of giving divorce. It teaches when it is given and how many times. The Glorious Qur’ān has urged us to follow the best way in giving divorce It says: “Divorce must be pronounced twice and then (a woman) must be retained in honour or released in a just manner-

The divorce should not be given in the way that leads to prolong the period of ʿiddah because she will have to go through stress and anxiety in that case. Moreover, when a single divorce is enough, then what is the need to give more than one divorce-

Just a single divorce should be given. It means that the husband should just pronounce “I give you divorce” one time because the husband wants to get rid of his wife and pronouncing once will suffice. The divorce is among the abominable needs and utilizing such needs more than once will be more hated and equal to making a mockery of the teachings of the Glorious Qur’ān and Ḥadīth-

Divorce should not be given in a menstrual period

Divorce should not be given in a menstrual period, for it is an act of great sin. Moreover, since a husband does not have inclination towards intercourse with his wife during this period, it is probable that he has given divorce without taking an earnest decision rather he has given it due to not having inclination towards her while the divorce is not a thing which should be utilised so hastily without much thinking-

He should give divorce in ṭuhr (period between two menstruations), during which the husband should have no sexual intercourse with the wife, because in case of having sexual intercourse, her period of ʿiddah will likely be long. If she gets pregnant, then she will have to stay in ʿiddah until the baby is born. The Almighty Allah says in the Glorious Qur’ān: “O Prophet! When you (men) put away women, put them away for their (legal) period and reckon the period-

Let the period of ʿiddah be passed after one divorce. The ʿiddah period of a pregnant woman is the days of pregnancy and the ʿiddah period of a woman who has menstruation is three periods and the ʿiddah period of a minor girl and an old woman is three months-

The fiqh scholars declare the divorce given according to the aforesaid ways as ṭalāq aḥsan. It means that it is the best way of giving divorce. Ṭalāq rajʿī is also one form of giving divorce– The best way to give divorce

Talaq hasan

Mostly a man wants to get rid of his wife completely and wants not to get any chance to take his words back. In this case, the Sharīʿah teaches him that he should not give triple divorce at a time rather he should just pronounce one divorce and consider his word. If there is no way to reach reconciliation, then he should proceed with giving another divorce in another ṭuhr and consider whether the situation is on the way.

If it is still not in control and he feels that there is no way out except divorce, then he should wait for the third ṭuhr and give her a third divorce. After that their relation will be no more and now a husband and wife will be unlawful for each other. He will have no right to take his word back or to renew the marriage. This is called Ṭalāq Ḥasan

Talaq raj’i

If a man pronounces the word “divorce” or its likes, which is used for divorce, while giving one or two divorces it will be called Ṭalāq Rajʿī. It is a divorce in which a husband is eligible to remarry to his wife before passing the ʿiddah period. The consent of wife and renewal of marriage is not necessary. He is eligible till two divorces and he will not be eligible to remarry after the third divorce. Ṭalāq Rajʿī becomes Ṭalāq Bā’in after passing ʿiddah and then the option of taking wife in the marriage comes to an end. But, both the husband and wife can get married with their consent in return of a new dower-

Ṭalāq Rajʿī is the best form of giving divorce because a husband has much time till the ʿiddah is over to think and review his decision and to make a correct decision, for he will now be out of emotion and anger, and can take his word back. Moreover, the wife will have one more chance to rectify herself by this severe warning-

Retain them with fairness, or part with them with fairness

The Almighty Allah says in the Glorious Qur’ān:so, when they (the divorced women) have (almost) reached their term, then either retain them with fairness, or part with them with fairness. And make two just men from among you witnesses of your either decision-

When the period of ʿiddah is about to be over, the husband has a chance to review his decision. If he wants he should retain and make two witnesses so that there remains no fear of contradiction and defamation and if he has no interest in his wife and hopes no better life along with her, so he should divorce her in best way. The best way means let the ʿiddah be over. When the ʿiddah is over, the wife will be Bā’inah (divorced). But, if both husband and wife are regretful and want to remarry then they can remarry in return of new dower. This is allowed only in case of giving one or two divorces-

Way of Raj’at

When a husband wants to take his wife in his marriage again in case of ṭalāq rajʿī, the best way for him is that he should say to his wife in the presence of two witnesses: “I have taken you back into my nikah ” or “I have takenmy wife back into nikah.” Similarly, rajʿah (process of taking back) may be conducted by having sexual intercourse, kissing or touching the wife with lust during iddah period-

Talaq ba’in

This divorce of ṭalāq bā’in leads to the breach of the marriage relation shortly after the husband gives divorce and they have no choice to remarry without their mutual consent and new dower even during the period of ʿiddah. The ṭalāq bā’in occurs in the following cases-

If the wife is divorced even before both of them have physical relation whether expressively-

If she is divorced expressively-

Giving divorce taking some amount from wife or divorcing her after asking her to waive her rights as it occurs in case of khula-

If the husband uses allusive words to divorce. It means he intentionally uses such words that can consist of two meanings; divorce and another meaning. For an example, he says: “We have no relation now” or “Get out of my home” and so on-

Most of the cases in which marriage is terminated by a Qāḍī are considered ṭalāq bā’in

In case of ṭalāq bā’in, the husband and wife can remarry with their mutual consent and new dower in the period of ʿiddah and after it-https://faizaneqasmi.com