Family Law-II

(Muslim Law and Other Personal Laws)

By:
Ms. R. Mounika
Asst. Professor
Pendekanti Law College, Hyd.

Talaq-ul-Sunnat (Revocable Talaq):

Talaq-ul-Sunnat is regarded to be the approved form of Talaq,

based on the prophet's tradition (Sunnat).
According to prophet, Talaq was an evil.
The prophet recommended only Talaq-ul-Sunnat (revocable
Talaq), because in this form the evil consequences of Talaq do
not become final at once and there is still a possibility of
compromise and reconciliation between husband and wife.
This mode of Talaq is recognised both by Sunnis as well as
Shia's.

This Talaq has been further divided into–

Talaq-i-Ahsan (Most Proper):

The Arabic word 'ahsan' means best or very proper. Thus the
talaq uttered in the ahsan form is the best kind of talaq. In
talaq-i-ahsan certain conditions must be satisfied.

As Talaq is an evil word, the husband must utter the formula of

divorce in a single sentence.
 The pronouncement of divorce must be in a state of purity
(tuhr);
Tuhr is a period when a woman is free from her menstrual
course.

He must abstain from intercourse for the period of iddat.

If the marriage has not been consummated, talaq may be
pronounced even if the wife is in her menstruation but if any
woman is not subjected to menstruation either because of old
age or due to pregnancy or the spouses are away from each
other for a long period, the condition of tuhr (purity) is not
applicable, i.e. a Talaq against her may be pronounced at any
time.
A pronouncement made in the ahsan form is revocable during
iddat, either by express words or implied (cohabitation with the
wife). After the expiration of iddat the divorce becomes
irrevocable.

Talaq-i-Hasan (Good or Proper):

The Arabic word Hasan means 'good or proper'. This form of
talaq is less worthy than that of Ahsan form but there is also a
provision for revocation. In this talaq, certain conditions are to
be followed.

There must be three successive pronouncements of the divorce.

If the wife is under the menstruation, the first pronouncements

should be made during tuhr period, the second during the next
tuhr and the third during the third tuhr.
 If there is no menstruation, the pronouncement should be
made during the successive intervals of 30 days.

There must not be any sexual intercourse during these three

periods of tuhr.

It is to be noted that the husband may revoke his talaq after

the first and second pronouncement either expressly or
impliedly.
If no revocation is made after the first and second
pronouncements, the husband after making the third
declaration, the talaq becomes irrevocable and the wife has to
observe the required iddat.

Talaq-ul-Bidaat (Irrevocable) (Talaq-ul-Bain):

It is a disapproved mode of divorce and becomes effective as

soon as the words are pronounced.
There is no possibility of reconciliation between the parties.
Prophet never approved this talaq, hence it was not in practice
during his life time.
This talaq is also called Talaq-ul-Bain.
Only Sunni Law recognises talaq-ul-biddat, though they think it
to be sinful.
In this talaq the following requirements are necessary–

Three declarations of talaq are made during a tuhr by saying "I

divorce thee, I divorce thee, I divorcee thee". He may declare
 his triple-talaq even in one sentence by saying "I divorce thee
thrice."

A single declaration can also be made during a tuhr with clear

irrevocable intention to dissolve the marriage by saying "I
divorce thee irrevocably or I divorce thee in Bain"

Note: Triple talaq or Talaq-ul-Biddat was criminalised by "The Muslim

Women (Protection of Rights on Marriage) Act, 2019". If any muslim
husband pronounces triple talaq, he will be punishable according to
the provisions of this Act.

This Topic will be conTinued Tomorrow.

have a nice day. Take care.
Thankyou.