dailyfiqh.co.za

Question: What are the different types of Talaaq (Divorce)?

Answer: There are three types of Talaaq:

1)Talaaq Raj’i (Revocable Divorce):  This is issued in explicit words like, “You are divorced/ You are now a divorcee/ I divorce”.  The divorce will occur when these words are uttered  intentionally or unintentionally.  

The wife will sit in iddah (waiting period). If the husband wishes to revoke the divorce he may do so during the Iddah period.  He may revoke the divorce verbally by saying to her, ‘I take you back’ or by being intimate with her.  If the husband does not revoke the divorce as explained above during the Iddah period, the divorce becomes an irrevocable divorce. Thereafter, if he wishes to take her back (after the Iddah period has lapsed), he can only do so after renewing the Nikah.

2) Talaaq Baa’in( Irrevocable Divorce):  This is issued with ambiguous or indirect words like, “Go join your family/You are free/ Pack your bags, etc. ”.   A Talaaq Baa’in will only occur when these types of words are uttered with an intention to issues divorce or there are circumstance which indicate towards it. 

A husband may issue one or two Talaaq Baa’in.  Once the Talaaq Baa’in has been issued the wife will sit in Iddah. If the husband wants to take her back he may do so after the Iddah with a new Nikaah.

3) Talaaq Mughallazah :   This is when the husband has issued three Talaaqs  at one instance or accumulatively (whether Raj’i or Baa’in ). The Nikaah will terminate permanently.

There is no possibility of reconciliation. However, if after observing the Iddah the wife happens to marry someone else and consummated the new marriage.  Thereafter, if it occurs  that her second husband  divorces her or dies, then  after observing Iddah from this marriage, she may then marry her first husband.  [Kitabut Talaaq Page 169 to 180 – Quduri]

And Allah Ta’ala Knows Best 

Yusuf Moosagie