CSSMuslim Law

Q. No. 4. Explain the procedure of Talaq-e-Ahsan and Talaq-e-Hassan. 2019

Talaq-e-Ahsan and Talaq-e-Hassan are two types of divorce that are recognized in Islamic law.

Talaq-e-Ahsan is the most approved form of divorce in Islam, and it involves a single pronouncement of divorce followed by a waiting period of three menstrual cycles (or three months for women who have reached menopause). During this waiting period, the husband can revoke the divorce and the marriage can be saved. If the waiting period ends without any revocation, the divorce becomes final and the marriage is terminated.

The procedure for Talaq-e-Ahsan is as follows:

  1. The husband should make a clear and unambiguous pronouncement of divorce to his wife, either orally or in writing, with the intention of ending the marriage.
  2. The wife should then observe a waiting period of three menstrual cycles (or three months for women who have reached menopause), during which time she remains the wife of the husband and the divorce can be revoked.
  3. If the waiting period ends without any revocation, the divorce becomes final and the marriage is terminated.

Talaq-e-Hassan is a type of divorce that involves three pronouncements of divorce, with a waiting period of one menstrual cycle (or one month for women who have reached menopause) between each pronouncement. During the waiting period, the husband can revoke the divorce and the marriage can be saved. If the waiting period ends without any revocation, the divorce becomes final and the marriage is terminated.

The procedure for Talaq-e-Hassan is as follows:

  1. The husband should make the first pronouncement of divorce to his wife, either orally or in writing, with the intention of ending the marriage.
  2. The wife should then observe a waiting period of one menstrual cycle (or one month for women who have reached menopause), during which time she remains the wife of the husband and the divorce can be revoked.
  3. If the husband does not revoke the divorce during the waiting period, he can make a second pronouncement of divorce, with another waiting period of one menstrual cycle (or one month for women who have reached menopause).
  4. If the husband still does not revoke the divorce during the second waiting period, he can make a third and final pronouncement of divorce, with a final waiting period of one menstrual cycle (or one month for women who have reached menopause).
  5. If the waiting period ends without any revocation, the divorce becomes final and the marriage is terminated.

It is important to note that while divorce is allowed in Islam, it should be used as a last resort after all efforts have been made to reconcile the differences between the spouses. Additionally, divorce should be carried out in a just and fair manner, with due consideration for the rights and interests of both parties.

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