Social Matters >> Talaq (Divorce)

Question # : 3356

India

Assalamalikum, I am a lawyer, recently there are several judgments of high court and supreme court holding the talak given as per the islamic law as illegal and holding that for the dovorce negotoations and attemts should be made for reconcilations and if they are not made such talak is illegal . What will be the position of the marraige and talak in this circumstances, please reply.

Answer : 3356

Published on: Mar 29, 2008

بسم الله الرحمن الرحيم


(Fatwa: 237/227=J)


 


Husband should be sane and grownup while giving talaq. If any sane and grownup person utters words of talaq for his wife, the wife will be divorced and consequently she will have to observe all rulings of talaq:


ویقع طلاق کل زوج اذا کان بالغاً عاقلاً، کذا فی الجوھرۃ (الھندیۃ: 1/353، البحر: 3/426)


As far as the matter of reconciliation between wife and husband is concerned, it is desirable act but it is not necessary to precede talaq to take place. If any court makes dialogue and reconciliation effort as compulsory before nikah and nullifies the previous talaq before reconciliation effort, then this ruling is against Shariah and it is not acceptable for a Muslim.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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