Meaning: O Prophet! When you divorce women, divorce them in a way suited to counting their 'iddah (that is, outside their menstrual periods), keep count of the 'iddah, and fear Allah, your Lord. (65 At-Talaq: 1)
1️⃣ Divorce – the position of Islam
Marriage is a sacred contract that is meant to last; that is why Islam has made clear the duties and rights of husband and wife.
It has made it essential, before marriage, to check suitability and for both to express their consent.
It guides the couple to talk openly and keep their life on the right path.
Divorce is permitted – as an exception – only when all efforts at reconciliation have failed and there is no way left but to separate.
Hadith (meaning)
Source
Of the things Allah has permitted, the most hated to Him is talaq
Abu Dawud
When one of the devils says, "Today I separated this family", Iblis is delighted
Muslim
Three things count as real even if done in jest; one of them is talaq
Tirmidhi
Islam condemns treating divorce as a game or a joke.
Note: Hadith scholars have discussed the chain of the "most hated permissible thing" hadith (some grade it weak). The textbook cites Abu Dawud.
2️⃣ Steps for avoiding talaq (in order)
Husband and wife try to solve the problems by themselves.
If they cannot, one person from the husband's side and one from the wife's side try to reconcile them.
If everything fails, arrangements are made for talaq with kindness.
2 Al-Baqarah: 229 – Either keep them (as wives) in a proper way, or release them (without accusations) in a good way (with gratitude and kindness).
3️⃣ The three kinds of dissolution of marriage
Kind
Arabic
Who / how
Talaq
الطلاق
The husband releases his wife from the marriage bond
Faskh
الفسخ
The marriage is declared invalid (annulled)
Khul'
الخلع
The wife asks for and obtains release from her husband
(1) Talaq
The husband has the right to pronounce talaq three times; but pronouncing it only once is safest and wisest.
"I have divorced you" = one talaq. It may also be done in writing.
Talaq takes effect even if said in jest or sent in writing.
(2) Faskh
When it becomes known that the conditions of marriage were not met, the nikah becomes invalid.
Example: it becomes known that husband and wife are mahram to each other.
When something happens that prevents the marriage from continuing.
Example: one of the couple leaves the religion (apostasy).
If the cause is clear, they must separate at once; if it has to be established through argument, they must go to the qadi for a decision.
(3) Khul'
The wife obtains release by giving the husband something as a gift or returning the mahr he gave her.
It must be carried out before the qadi.
As talaq is for the husband, so khul' is for the wife.
4️⃣ Talaq – two kinds by method and timing
Improper – talaq bid'i (الطلاق البدعي)
Proper – talaq sunni (الطلاق السني)
Pronouncing all three talaqs at once
Pronouncing it while the woman is in purity (tuhr)
Pronouncing it while the wife is menstruating
In that period, without having had intercourse
Pronouncing it in a tuhr in which intercourse took place
The 2nd talaq in the next tuhr
The 3rd talaq in the tuhr after that
Stopping after one or two is still proper talaq.
Tuhr (الطهر) = the period of purity, when the woman is free of menstruation.
5️⃣ Talaq by whether it can be revoked
Talaq
/ \
Revocable Irrevocable
(raj'i) (ba'in)
/ \
Minor Major
(sughra) (kubra)
Kind
Explanation
Talaq raj'i (الرجعي)
After the first / second talaq the husband may take her back before the 'iddah ends
Baynunah sughra (minor separation)
If the 'iddah ends without a third talaq – they may come together again with a new nikah
Baynunah kubra (major separation)
Once all three talaqs are complete – only after she marries another man, he divorces her, and that 'iddah ends, may she be joined to her former husband by a new nikah
6️⃣ Talaq under other names
Name
Arabic
Explanation
Zihar
الظهار
Comparing one's wife physically to one's mother; the couple may come together again after carrying out kaffarah (expiation); otherwise talaq takes place
Li'an
اللعان
Accusing the wife of adultery and swearing oaths, ending in separation
Ila'
الإيلاء
Swearing, "By Allah, I will not have relations with you"; a period of four months – they may reunite within it; otherwise talaq takes place
7️⃣ 'Iddah (العدة)
Word meaning: "counting", "reckoning" – because the period is counted in numbers (3 months / 4 months 10 days).
A woman who has lost her husband or been divorced remaining bound by certain rules for a fixed period.
'Iddah is Allah's command; observing it is 'ibadah.
Benefits of 'iddah
Reward is gained, as it is Allah's command.
If the woman is pregnant, it is known, and the father is established.
If it is talaq raj'i, there is time to reunite.
If the talaq is given before the marriage is consummated, there is no 'iddah.
Kinds of 'iddah
Kind
Period
Source
'Iddah for the husband's death
4 months 10 days – for every wife, regardless of age or stage
2 Al-Baqarah: 234
'Iddah of a pregnant woman
Until she gives birth
65 At-Talaq: 4
'Iddah for talaq raj'i
Until three menstrual periods have passed
2 Al-Baqarah: 228
Rules during 'iddah
Avoiding adornment and make-up → "ihdad" (الإحداد – mourning).
She must not marry or take part in marriage talks.
Avoiding jewellery.
It is best to observe 'iddah in the husband's house.
Providing maintenance (nafaqah – النفقة) for the wife in 'iddah is the duty of the husband who gave the talaq.
The textbook's word list includes الواجب، السنة، الحرام، المباح (wajib, sunnah, haram, mubah); but these legal rulings on talaq are not explained in the lesson – confirm with your teacher.
