17/09/2021

Classification of Divorce Under Muslim Law

Classification of Divorce-

¬By act of God- 
1- Talaq-e-sunnat.
2-Talaq-ul-bid,at.

¬By act of parties- 
a) By husband- Talaq-Zihar, Ila, Lian.
b) By wife- Talaq-e-tahfweez (delegated divorce)
c) By intervention of court (Faskh)
d) By mutual consent- khula and mubarat.

¬ Talaq-e-sunnat-
The manner prescribed by the prophet Mohammed be peace upon him for pronouncement of divorce is known as talaq-e-sunnat. It can be divided into two- a) Talaq-e-Ahsan (most approved)
b) Talaq-e-Hasan (approved)

a) Talaq-e-Ahsan- Pronouncement by only single divorce by the husband between two constructive menstruation( Tuhr period of purety) and leaving the wife to observe the iddat.
                          This is most approved because the husband has right and space for re-consideration of his decision and return of his wife and for that he do so by words spoken or by the act.

Note- In word spoken means- I return or I return you or by having physical relation.

b) Talaq-e-Hasan- Talaq-e-Hasan ( approved divorce) is kind of Divorce in which the husband pronounces divorce according to most approved kind of divorce but the main deference is that the husband pronounces divorces in three consecutive tuhr each after the menstruation elapses.

Talaq-ul-bid,at- is the kind of Divorce which is against most approved divorce. If a person pronounces three times in one seating or one tuhr then it is called talaq-ul-bid,at or a new kind of Divorce which is although applicable, effective but not according to command of sharia.


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