Draw distinction between the Ahasan talaq and Hasan talaq.

Question: Draw distinction between the Ahasan talaq and Hasan talaq. [HJS 2009]

Find the question and answer of Muslim Law only on Legal Bites. [Draw distinction between the Ahasan talaq and Hasan talaq.]

Answer

Talaq-e-Ahsan

Talaq-e-Ahsan is another form of divorce by the husband. Here, a husband asks for talaq once, and after 90 days or three menstrual cycles, a woman can marry another man. Although, divorce can be withdrawn if the couple resumes their marital relations within these three months. A talaq ahsan may be affected in any of the following ways:—

This consists of a single pronouncement of divorce made during a tuhr (the period between menstruations) followed by abstinence from sexual intercourse for the period of iddat. When the marriage has not been consummated, a talaq in the Ahsan form may be pronounced even if the wife is in her menstruation.

Where the wife has passed the age of periods of menstruation the requirement of a declaration during a tuhr is inapplicable; furthermore, this requirement only applies to an oral divorce and not a divorce in writing.

Talak Ahsan is based on the following verses of the Holy Quran:

"And the divorced woman should keep themselves in waiting for three courses." (II: 228).

"And those of your woman who despair of menstruation, if you have a doubt, their prescribed time is three months, and of those too, who have not had their courses." (LXV: 4).

Talaq-e-Hasan

A Muslim man can divorce his wife by uttering Talaq once for three months. This practice is called Talaq-e-Hasan. If couples don't live together, divorce gets formalized after the third utterance in the third month.

However, if co-habitation occurs after the first or second utterance, parties are assumed to have reconciled and the first or second utterance becomes null and void. Post the divorce, the wife is not allowed to remarry for a specific time. This period is called Iddat. The objective of iddat is to ensure that the woman is not carrying any offspring in her womb. Husband and wife cannot marry each after the third month of abstinence or 'Third Iddat'. With this, a woman has to marry another man and divorce that man. After divorcing her second husband, she can marry her former or first husband.

This consists of three pronouncements made during successive tuhrs, no intercourse taking place during any of the three tuhrs. The first pronouncement should be made during a tuhr, the second during the next tuhr, and the third during the succeeding tuhr. Talaq hasan is based on the following Quranic injunctions:

"Divorce may be pronounced twice, then keep them in good fellowship or let (them) go kindness." (II: 229).
 "So if he (the husband) divorces her [third time] she shall not be lawful to him afterward until she marries another person." (II: 230).

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