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TYPES OF DIVORCE IN ISLAM (KHULU' (DEFINITION ((Khulu’ literally means…

- - - - TALAQ AL HASSAN - Proper form of divorce
        
        The pronouncement of the talaq three times in three consecutive periods of purity, that is between three successive menstruations.
      - TALAQ AL AHSAN - The most approved form of Talaq
        
        The pronouncement of one talaq in a period of purity followed by abstinence from sexual intercourse for the period of the ‘iddah
    - - Talaq that is pronounced during the Period of purity in which after the husband had intercourse with the wife
        
        During wife’s menses
        
        The pronouncement of the talaq three times at shorter intervals or even in immediate succession or by the pronouncement of the three talaqs at once e.g, “I divorce you with 3 talaq”
  - - - :
        
        i.The husband is allowed to revoke the talaq i.e., to ruju’ if divorce the wife with one or two talaq)
        
        ii.A husband who has divorced his wife by means of talaq raj’i has a right to take her back as long as she is still in her period of ‘iddah
        
        iii.There is no need for a new aqad and mahr if the husband wishes to take back the wife
        
        iv.The wife is entitled to nafaqah during the ‘iddah
    - - BAA'IN SUGHRA(minor degree)
        
        eg. Khulu’ or Fasakh or divorcing the wife with one or two talaq but the iddah had lapse. This divorce cannot be revoked but the parties can remarry each other with aqad & mahar
      - BAA'IN KUBRA(major degree)
        
        Talaq by three talaqs. This talaq puts an end to the marriage without possibility of remarrying, unless the woman has been lawfully married to another person and has been divorced after consummation
  - - - a. Explicit (Sarih)
        
        b. Implicit (Kinayah)
        
        c. In Writing
    - - i. No requirements of majority/sound mind
        
        ii. If she is in her ‘iddah of a revocable divorce
        
        iii. If she has not completed her ‘iddah
    - - i. Sound mind/aqil
        
        ii. Majority/baligh
        
        iii. Voluntarily
- - - - Literally means to hang or to suspend
      - Technically refers to a divorce that takes place upon the fulfillment of the conditions or promise
      - The wife would be entitled to a divorce upon the breach of the condition said by the husband to his wife
      - For example the husband said to his wife; “If you go to your parents’ house you are divorced”
  - - - The husband
      - The wife
      - The wife is in the position that she can be divorced by the husband, both at the time of pronouncement of ta’liq and at the time of happening the conditions of ta’liq
      - There must be a valid marriage
      - The condition of ta’liq has not been in existence when ta’liq is said by the husband
      - The husband himself said the statement of ta’liq
      - The condition of ta’liq and the word talaq must be together
- - - - Literally it means to annul a deed or to rescind a bargain
      - It is decreed by the Qadi after the careful consideration of an application made to him by the wife
      - If it is satisfied that the woman is prejudiced by a marriage, the Qadi will annul the marriage
  - - - Separation due to disease or defect
      - Separation due to non-providing nafkah
      - Cruelty
      - Husband has deserted the wife or been imprisoned
      - Either the husband or wife become a Murtad
      - Embraced Islam
      - The husband and wife are related by fosterage
      - The husband or wife is married by the father or grandfather without the consent
- - - - Khulu’ literally means taking off, removing or releasing.
      - The definition of khulu’ is a separation between a husband and wife with a compensation (payment) given by the wife to her husband with the utterance of talak or khulu’.
      - Generally, Malaysians are more familiar with the term ‘tebus talak’ (talak redemption).
  - - - Khulu’ must only be asked in extreme circumstances
      - There is hadith of the Prophet which warns women who ask for khulu’ without any reasonable ground
      - Khulu’ is makruh except that there is fear that the limits of Allah will not be observed
      - Once khulu’ is granted the husband forfeits the right of reunion (ruju’) during the iddah period
      - The parties can only be reunited by new marriage and mahr
  - - - Husband
      - Wife
      - Payment
        
        Anything that is lawful to be given for a mahr can also be given as a payment of khulu’
        
        It can consist of such things as immovable property like cash, jewel, car,etc
        
        It cannot consist of things which cannot be lawfully possessed by a Muslim
        
        The amount of payment for khulu’ has not been specified under the shari’ah
        
        Basically it is agreed by the jurists that it should not be more than the payment of mahr
      - Sighah