Talaq in Islam and Types of Talaq in Islam - Guidelines Islamic Law

Talaq in Islam and Types of Talaq in Islam

Hi all readers! Are you looking for an explanation of talaq in Islam and types 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 have to read it to the end.

Specifically, there are nine important things about talaq in Islam and types of talaq in Islam which I will explain in this article. The nine important things I mean are as follows:

What Does Talaq Mean in Islam?

The first important point about talaq in Islam and types of talaq in Islam that I will explain now is “what does talaq mean in Islam?”. I want you to understand that first because that is the basic thing about this discussion that must be understood very well. In addition, there are some Muslims who do not understand it well.

Specifically, if you want to know "what does talaq mean in Islam?", then understand the definition of talaq as follows:

حَلُّ عَقْدِ النِّكَاحِ بِلَفْظٍ صَرِيْحٍ أَوْ كِنَايَةٍ مَعَ النِّيَّةِ

Cancel the marriage contract (aqd an-Nikah) with clear or unclear words (satire or parable) with niyyah for talaq.

If we understand the definition of talaq, then we can conclude that talaq in Islam is annulling the marriage with clear words, such as "I am divorcing you", or with unclear words (innuendo or parables), such as "you are like my mother", with niyyah for talaq.

That is a brief explanation of "what does talaq mean in Islam?". As Muslims, we must understand that.

What Are the Rules of Talaq in Islam?

The second important point about talaq in Islam and types of talaq in Islam which I will explain now is “what are the rules of talaq in Islam?”. I want you to understand that because it is important to understand whether the talaq that a husband gives to his wife is valid or not.

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 (baligh), not forced, and conscious.

The first rule of talaq is that the husband giving the talaq is baligh, 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 postpartum, 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, postpartum, or after sex.

That is a brief explanation of "what are the rules of talaq in Islam?". As Muslims, we must understand that.

Types of Talaq in Islam

The third important point about talaq in Islam and types of talaq in Islam which I will explain now is types of talaq in Islam. I want you to understand that because there are some Muslims who don't understand it well and completely.

In general, we can understand the types of talaq in Islam in two ways:

• Permissible talaq and permissible talaq.
• Irrevocable talaq and irrevocable talaq.

The types of talaq that are permissible and talaq that are not allowed are as follows:

• Talaq sunnah or talaq sunni.

What is meant by talaq sunnah or talaq sunni is talaq which is carried out under permissible conditions, such as when the wife is not menstruating, and not after sex.

• Talaq bid'ah or talaq bid'i (talaq done in conditions that are not allowed).

What is meant by talaq sunnah or talaq sunni is talaq done in conditions that are not allowed, such as when the wife is menstruating and after sex.

• Talaq raj'i.

What is meant by talaq raj'i is the first talaq and the second talaq. If the husband gives talaq raj'i to his wife, then the talaq can be canceled without

• Talaq bain.

That is a brief explanation of types of talaq in Islam. As Muslims, we must understand that.

When Talaq Is Not Valid in Islam?

The fourth important point about talaq in Islam and the types of talaq in Islam which I will explain now is “when talaq is not valid in Islam?”. I want you to understand that well because not all talaq that a husband gives to his wife are valid talaq.

In general, if we read some Islamic legal literature, we will find an explanation that the condition for a valid talaq is if the adult husband consciously and is not forced to say talaq (clear or parable) with niyyah for talaq. If the husband does that, then the talaq he pronounces is a valid talaq.

In other words, if you ask me, "when is talaq invalid in Islam?", then, the answer is as follows:

• If the husband who pronounces talaq is not yet an adult (not baligh).
• If the husband is forced to say talaq and the force is not the court.
• If the husband is not aware of saying talaq.
• If the talaq sentence is spoken not with niyyah for talaq or not with niyyah for talaq.

That is a brief explanation of "when is talaq invalid in Islam?". As Muslims, we must understand that.

Can You Give Talaq by Text?

The fifth important point about talaq in Islam and types of talaq in Islam which I will explain now is “can you give talaq by text?”. I want you to understand that because there are some Muslims who do that and there are some other Muslims who don't understand it very well.

In general, talaq is given by a husband to his wife by saying. An example is when a husband says to his wife, “I am divorcing you.” Speech is something that is clear and can be understood well. But not with text. According to the majority of Islamic jurists, the text is not a clear expression. Text is another form of expression and has the disadvantage of not being able to be understood clearly.

Thus, the divorce given with the text will be valid if there is a niyyah for talaq. In other words, if you write the sentence talaq to your wife with niyyah for talaq, then the talaq is valid. But if there is no niyyah for talaq, then it is invalid.

That's a short explanation of "can you give talaq with text?". As Muslims, we must understand that.

Can You Give Talaq Over the Phone?

The sixth important point about talaq in Islam and types of talaq in Islam which I will explain now is “can you give talaq over the phone?”. I want you to understand that because it is one of the important questions in this discussion.

If we read some Islamic legal literature about giving talaq over the phone, then we will find an explanation that the majority of Islamic jurists are of the opinion that it is legal if there is a niyyah for talaq, not forced, aware that it is talaq, and the husband who does it is a mature husband (baligh). The reason is because talaq does not require witnesses like marriage, and the cancellation of the first and second talaq.

That's a brief explanation of "can you give talaq over the phone?". As Muslims, we must understand that.

Can You Give Talaq During Pregnancy?

The seventh important point about talaq in Islam and the types of talaq in Islam which I will explain now is “can you give talaq during pregnancy?”. I want you to understand it well so that you have a complete understanding of our discussion.

Before I explain more about "can you give talaq during pregnancy?", I will quote a hadith that is specifically related to our discussion. The hadith I mean is 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."

All readers! If we understand the hadith above, then we can conclude that you can give talaq when pregnant.

That's a brief explanation of "can you give talaq during pregnancy?". As Muslims, we must understand that.

Can You Give Talaq During Ramadan?

The eighth important thing about talaq in Islam and types of talaq in Islam which I will explain now is “can you give talaq during Ramadan?”. I want you to understand that because there are some Muslims who don't understand it very well.

Before I explain more about “can you give talaq during Ramadan?”, I want to explain that Ramadan is one of the noble months in Islam. Supposedly, Muslims do a lot of good during Ramadan. Talaq is something that is lawful but very hated by Allah.

In Islam, talaq can be done at any time unless the wife is menstruating or after sex. There is no specific month to do talaq. So, you can give talaq during Ramadan if your wife is not menstruating or after sex. That's the answer.

That's a brief explanation of "can you give talaq during Ramadan?". As Muslims, we must understand that.

Can You Give Talaq in Anger?

The ninth important point about talaq in Islam and types of talaq in Islam which I will explain now is “can you give talaq in anger?”. That is one of the important questions on the topic of this discussion because some Muslims give talaq when they are angry.

One important thing I want to say again, that talaq can be done in any condition except when the wife is menstruating and after sex. If all the talaq conditions are perfect, then the talaq is valid.

So, if you ask me, "can you give talaq in anger?", then what must be understood is, are you a mature husband? Are you aware that what you are doing is talaq? Aren't you forced to do that (unless it's the courts)?

If you are angry, you are a mature husband, you understand that what you are doing is talaq and you are not forced to do it (unless the force is a court), then the talaq you give in anger is a valid talaq.

That's a brief explanation of "can you give talaq in anger?". As Muslims, we must understand that.

That's a brief explanation of talaq in Islam and types 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. Hope it is useful. Amen.

See you again in the next article.