Find the question and answer of Muslim Law only on Legal Bites. [Write short notes on Hasan Talaq.]
Question: Write short notes on Hasan Talaq. [HJS 2019] Find the question and answer of Muslim Law only on Legal Bites. [Write short notes on Hasan Talaq.]AnswerTalaq-ul-Sunnat is of two kinds, namely, (1) Ahsan, that is, the most approved form of talaq, and (2) Hasan, that is, the good mode of talaq. In the case of talaq Ahsan and talaq Hasan, the husband has an opportunity of reconsidering his decision, for the talaq in both these cases does not become absolute until a certain period...
Question: Write short notes on Hasan Talaq. [HJS 2019]
Find the question and answer of Muslim Law only on Legal Bites. [Write short notes on Hasan Talaq.]
Answer
Talaq-ul-Sunnat is of two kinds, namely, (1) Ahsan, that is, the most approved form of talaq, and (2) Hasan, that is, the good mode of talaq. In the case of talaq Ahsan and talaq Hasan, the husband has an opportunity of reconsidering his decision, for the talaq in both these cases does not become absolute until a certain period has elapsed, and the husband has the option to revoke it before then.
Talaq Hasan consists of three pronouncements made during successive tuhrs, with 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).
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. So, a talaq in the hasan mode becomes irrevocable and complete on the third pronouncement, irrespective of the iddat.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
