DISSOLUTIO

N OF
MUSLIM
MARRIAGE
 Types of Divorce
 Talaq
 Arbitration by Hakam
 Ta’liq
 Fasakh
 Khulu’
 Li’an
 Presumption of death
 Change of religion
 Talaq
• The definition
• The authorities
• Types of talaq
• Pillars of talaq
• The statutory provisions
• Cases
 The Definition

Literally talaq means freedom from bondage or untying

the marriage knot.
According to Jamal J Nasir;
“Talaq is the dissolution of a valid marriage contract forthwith or
at a later date by the husband, his agent or his wife duly
authorised by him to do so, using the word talaq, a derivative or
synonym thereof”
 The authorities for talaq

• Al-Baqarah : 229-232
• Al-Talaq : 1-7
• Hadiths of the Prophet
• Ijma’
 Hukm of Talaq

1. Wajib/obligatory
2. Haram/forbidden
3. Makruh/abominable
4. Mubah/harus
5. Mandub/recommended
 Types of Talaq (according to Mazhab
Hanafi)
1.TALAQ SUNNI 2.TALAQ BID’I

a.Talaq al Ahsan: b.Talaq al Hassan:

 1.TALAQ SUNNI

a.TALAQ AL-AHSAN
b.TALAQ AL-HASSAN
1st 3rd
pronouncement pronouncement

26/1/ Irrevocable
26/2/2017 26/3/2017 divorce
2017
2nd pronouncement
 2.TALAQ AL-BID’IE

1.
2
3.
 Type Of Talaq Acording To Syafie
Based On Revocability/Ruju’

1.Talaq Raj’i (revocable)

2.Talaq baa’in (irrevocable)
a.Baa’in Sughra(minor degree)
b.Baa’in Kubra(major degree)
 1.Talaq raj’ie (revocable
divorce)

1.
2.
3.
4.
5.
6.
 2.Talaq Ba’in (Irrevocable divorce)

Ba’in Sughra eg. Khulu’

or Fasakh or divorcing Ba’in Kubra is talaq by
the wife with one or two three talaqs.
talaq but the iddah had al-Baqarah : 230
lapse.
 Pillars of Talaq

1. Husband
2. Wife
3. Sighah:
Kinayah/
Implicit/in
Soreh/Explicit: writing:
 1.Husband

i.
ii.
iii.
 Talaq shall be void if uttered in any
of the following cases
1.
2.
3.
4.
5.
 Hadiths
• “The persons are immune from the responsibility of
shari’ah; sleeping person till he is awake, child until
he has attained the age of majority, the lunatic until
he regains his senses”
• “The man who has become the master(husband) of
woman alone can pronounce talaq”
• “It is not accountable on my ummah if it is because
of mistake, forgetfulness and anything which is
forced on him”
 2.Wife

i.
ii.
iii.
iv.
 3.Sighah/pronouncement

i.
ii.
iii.
 a.Sarih pronouncement

“There are 3 things whether taken seriously or in jest are treated

as serious that is marriage, divorce and ruju’”
narrated by Abu Hurairah
b.i.Kinayah Pronouncement
 b.ii.Talaq in Writing

Opinion of jurists
 As Shafi’e:
 Malikis & Hanbalis
•Hanafis:
Two kinds:
a. A clearly addressed to the wife
b.A general statement but not addressed to the wife
e.g. husband writes on a paper “ You are divorced”
 Some issues relating to talaq

i. Talaq pronounced during the state of

intoxication
ii. In the state of anger
iii. In the state of jest
iv. Pronouncement of 3 talaqs
v. SMS divorce
 i.Divorce pronounced in intoxicated condition

1.Hanafis, Malikis, Shafiis and a narration from

Hanbali jurist:

2.A narration from Imam Ahmad ibn Hanbal, some

companions like Uthman Ibn ‘Affan and Umar Abd
Aziz:
ii.Talaq pronounced during the state of anger-
Generally there are three stages of anger

a. Talaq is not effective if the anger has caused a damage in the

mind and thinking of the person

b. If the anger is outside his normal behaviour but does not

reach the stage of a mad person,

c. If the anger had not affected a person’s mind and thinking

 iii.The state of jest

Jumhur, (Syafi’i and Hanafi):

Hadith reported by Abu Hurairah r.a.
“There are three things in which it makes no difference whether it
is said seriously or in jest, namely, marriage, divorce and ruju’
- Ibn Majah
Imam Ahmad and Malik:

“But if their intention is firm for divorce Allah heareth and

knowth all things” al Baqarah:227

“Your deeds are taken into account based on your intention”

Hadith
The effect of three talaq that is pronounced in
single seating
3 Talaq is effective
Zahiri and 4 Sunni schools
 Based on Al-Baqarah: 229
 Hadis Rukanah : Rukanah said By Allah, I wish it is one
talaq, Rasulullah said to him, By Allah, I wish it is one talaq,
and Rukanah again said By Allah, I wish it is one talaq, and
Rasululah allows him to ruju’ the wife
 Ijma’ Ulama Salaf
a. One Talaq is effective
Zaidiyyah, some Zahiris, Ibn Ishak, Ibn
Taimiyyah & Ibn Qayyim
 Based on Al-Baqarah:229:

Hadis Ibn ‘Abas from Rukanah:

“ That he has divorced his wife with three talaq in one seating,
he felt so dissappointed. Rasulullah (saw) asked him, how do you
divorce her? He said; three talaq in one seating, Rasulullah
(saw) said; it is one talaq and revoke it.
b.Three Talaq is considered as three

Hadith Ibn ‘Abbas “ Three talaq during the period of the

Prophet and Abu Bakr and the first two years during ‘Umar is
considered three but later Umar declared three talaq as one when it
becomes mischief among the people
Athar al-Sahabah – Practice of Ibn ‘Abbas who judged
divorced with three talaq effective if pronounced three
 Witnesses
 Although talaq is pronounced without witness it is still valid as
talaq is the right of the husband and there is no need to be
confirmed or witnessed by 2 persons. However it is
recommended to have witness as to expedite matters relating
to the divorce
 According to Shi’ah witnesses is wajib based on at Talaq:2
 The Statutory Provisions

• Section 47 of the IFLA, 1984

• Section 48
• Section 54

Please refer to the provisions of the IFLA,

1984
 Cases
Pendakwa Mahkamah Melaka v Ismail Jaafar
Re Mohd Hussin bin Abdul Ghani and Anor
Re Muhammad Husin And Hazimah
Mohamed bin Mohd Ali v Roslina
Norriya v Abdul Manaf
Hasanah binti Abdullah v Ali bin Muda
Hasmah v Juhari
Haji Hanafiah v Rokiah
Rojamah v Mohsin
Mejar Mohamed Sultan v Saodah
Mustapha Batcha v Rahmah
Razimah Haneem v Yusuf
Mohd Zuhdi v Norsharifah
Zaiton v Abdul Razak