In this question, I will discuss in detail the different types of talaq which is the right of the

husband to end his marriage with his wife. Of which there are two types of talaq through
which dissolution of muslim marriage can occur. first is talaq-ul–sunnah in ahsan form
and Hassan form. Second is talaq-ul-bida. And further see whether in the particular
circumstances provided there is an effective talaq or not.

Talaq is the right of the husband to repudiate marriage unilaterally. And this power is
exclusively available to the husband. Although, husband can delegate his power to
pronounce the talaq to wife who can then in return use this delegated power of talaq
known as talaq-i-tafwid to free herself from marriage. According to classical muslim law
on talaq consent of wife is not required and is an extra judicial matter. In classical hanafi
law talaq can be pronounced in three ways. there are two forms of talaq-ul-sunnah as
mentioned above it includes ahsan and Hassan form while al-bida talaq is the third way
of pronouncing talaq. Talaq-ul-sunnah in the ahsan form is the most approved method.
In this husband pronounces a single talaq during purity period of woman if he wishes
the divorce to be final then he must refrain of making sexual intercourse with the wife
during iddah period of three menstrual cycles. At end of this iddah period marriage will
be terminated. This is the most approved form of talaq because marriage is not ended
in haste and husband can take his wife before the expiry of three menstrual cycle.
However, where marriage is terminated in ahsan form husband can remarry his wife by
contracting another marriage without an intervening marriage (halala).

Talaq-ul-sunnah in ahsan form is regarded as a good method of repudiation according

to all schools. This form of dissolution in Hassan form in not considered as acceptable
as ahsan form because Hassan forms leads to greater finality in term of talaq. The
spouses cannot remarry without halala. This procedure in Hassan form is that husband
repudiates his wife three times. The first talaq is given during a purity period. Then
husband pronounces two subsequent talaqs during next two purity periods. With the
pronouncement of third talaq by the husband the divorce become irrevocable. However
this form of talaq is revocable until third pronouncement of talaq. After this the wife has
to observe iddat because husband cannot revoke his decision.

The third form in which talaq can be pronounced is talaq-ul-bida under hanafi law. In
this kind of talaq, husband pronounces triple talaq at once. This law creates an instant
irrevocable termination of marriage. It is no scope for any reconciliation and not possible
for parties to remarry each other unless and until the wife has gone through another
marriage which has itself been consummated and dissolved, so for remarriage halala is
required. As per doi talaq-ul-bida is usually pronounced by ignorant muslims for
satisfying their selfish motives. It is against the teaching of shariah but it is recognised,
despite disapproval used in many parts of the muslim world.

Shia school does not recognise talaq-ul-bida. Shia only recognise talaq-ul-sunnah. On
may 21st 1993 talaq ul bida was declared ineffective by a fatwa of ahl-hadith.
In talaq ul sunnah in ahsan form marriage continue till the expiry of iddah period and
becomes effective at that time. However wife is entitled to maintenance and if either
party dies during this period of iddah the living spouse will be entitled to inheritance. In
case of talaq ul sunnah in Hassan form divorce become effective on third
pronouncement until that time wife will be entitled to maintenance and if a spouse a dies
before third pronouncement other will be entitled to inheritance. In relation to taalq ul
bida, talaq becomes effective as soon as pronounced. And parties lose right of
inheritance immediately.

In many contemporary muslim countries, the institution of talaqhas seen some reforms.
The most effective reforms have been brought in Tunisia, Pakistan and Bangladesh. In
case of Tunisia, Tunisian law of personal status 1956 states that divorce can only be
obtained through judicial means. There is no legal effect of divorce happened outside
court of law. The Algerian law of personal status 1984 requires not only recording of the
husband divorce through local court but also duty of attempting reconciliation upon the
court.

In relation to Pakistan section 7 of the muslim family laws ordinance (FMLO) 1961, it
provides that talaq is not effective until the expiration of 90 days from the day on which
notice under section 7(1) is delivered to chairman arbitration council. person who
breaches the section 7(1) may be punished with imprisonment that may extend up to
one year or with fine up to five thousand rupees or with both. The supreme court
decided in ali nawaz gardezi case that the notice to the chairman was mandatory and
divorve will not be effective without notice. However the federal shariat court ruled
against the notice rule in allah rakha case and declared it void according to principles of
islam. Accordingly, from 31st march 2000 a divorce was held to be effective even if no
notice was given. However, it was established that penal sanctions for failure to give
notice remain intact. However section 7(6) FMLO 1961 provides that a wife whose
marriage was terminated by talaq under this section can re-marry the same husband
without the need of an intervening marriage with third person unless the talaq was
pronounced for the third time.