Wednesday, June 23, 2010

Always & Forever: The Downside - Divorce [ta-laQ]

Talaq [taa-laQ] is the Islamic term for divorce and can be used by a man to end a marriage, but not by a woman.  All the man needs to do to end a marriage is to say the word, "TalaQ" three times to his wife, with either no witnesses present (Sunni), or with two witnesses present (Shi'ite, Shia).

The woman has no come back and can not use the triple TalaQ should she wish to divorce {see wgaw: THINGS TO THINK ABOUT BEFORE YOU MARRY and THINKING ABOUT DIVORCE}  However I did read in the paper once of a woman who swore her husband said the triple TalaQ whilst he was asleep and they were forced to divorce.

Please note, if you marry with a Muttah there is no such thing as a divorce settlement, simply because it is not thought of as a 'real' marriage in the first place {see wgaw: MUTTA}

Getting Divorced 
In the Islamic world there are two main formats when getting divorced; one for Shia's and another for Sunnis {see wgaw: DIFFERENCES BETWEEN SUNNI & SHIITE}

For Shia's the divorce is publically announced after which the couple can reconcile if they wish, (it's expected they attempt to reconcile within three months of the divorce annoucement). once the three month waiting period is completed the divorce is completed, as long as two witnesses agree.

The couple divorces the moment the husband declares a triple Ta-laQ. Islamic tradition maintains a waiting period of three months, or three menstrual cycles to ensure the ex-wife is not pregnant.

Once the divorce is finalised the couple may remarry up to three times.  After the third divorce the wife must marry and then divorce another man before the couple can marry for a fourth time.


Christine said...

Shirley, how did you know when to post this post?! I just needed this information!

Shirley Dockerill said...

glad it helped :-)