Bog'liq @miltonbooks A Gift For Muslim Groom By Shaykh Muhammad Haneef
Talaaq will still take effect).
There are many advantages in this prescription. One of the
advantages is that
Talaaq must not be the result of some
argument and fight between the spouses. One other benefit in
this waiting is that the time afforded to the husband may allow
him to properly contemplate the issue and perhaps her will
realise and cool down.
After all this if he still resolves to give the
Talaaq , then the best
way to do it is as follows: The husband should give only one
Talaaq and remain silent. In this way only one
Talaaq-e-Raj’i comes into effect. This means that after her
iddat completes the
bond of Nikah is severed and the couple may separate with
honour and dignity and go their separate ways.
A benefit of this
Talaaq is that during the
iddat period, if the
husband realises the folly and regrets, then he may take his wife
back into his Nikah without having to renew the Nikah. He
needs only say that he takes her back or even if they indulge in
relations the Nikah will be regarded as refreshed and they live
as normal husband and wife. If after her
iddat the couple realise
their folly and feel that they have learnt from their mistakes and
decide to give the Nikah another go, then they may renew their
Nikah (in the normal way-with proposal, acceptance and
mehr )
and again live together.
If the couple again experience discord, then the husband should
not hasten to issue a second
Talaaq . He should consider and
explore all the avenues mentioned previously before going for
the second
Talaaq .
If they divorce again, then the same applies if the
Talaaq is a
Raj`i. They may remarry after the
iddat or he may take her
back before the expiry thereof. They may contract a third Nikah
if they both agree after this.
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This is the preferred method of issuing
Talaaq which the
Qur`aan Majeed and Hadith mention. All attempts to continue
the Nikah must be explored first, before the final step of
Talaaq is effected. If a third
Talaaq is issued, then all ties between
them are permanently severed. The husband is not able to make
Rujoo’ (take her back) neither can they renew the Nikah even if
they both agree. After the third
Talaaq is uttered they are
separated forever.
There is a grave misconception amongst the people nowadays
that one or two
Talaaq s do not sever the Nikah bond. People
feel that only three
Talaaq s can sever the Nikah. Therefore
when people do issue
Talaaq s, then they issue three one time
and they regard this as being necessary. This is a totally
fallacious belief. A Nikah can be severed with one
Talaaq only
and after the
iddat , if they do not agree to remarry, they can
both go their separate ways and the woman can make Nikah to
someone else if she wishes. The best way of issuing a
Talaaq is
as mentioned above.
The best way according to the Shariah is to only issue one
Talaaq . This leaves the avenue open for reconciliation and
reunion between the couple. One or two
Talaaq s do not close
the doors of reconciliation forever as does three
Talaaq s.
There is unanimity amongst all the four Mathaa-hib that three
Talaaq s permanently sever the bond of Nikah. Many people
labour under the misconception that one