Divorce, Types and Characteristics of Falling Divorce

ASKING:

Assalamualaikum, Chaplain.

I want to ask, what is meant by divorce and what are the characteristics of it?

For the explanation, I thank you very much.

Salam,

Fulanah

ANSWER:

Wa'alaikumussalam warahmatullahi wabarakatuh.

Divorce is untying. In the provisions of Islamic marriage law, talak means breaking the ties of marriage by saying talak or other words which mean the same thing as talak.

There are two things about divorce in terms of whether or not the words are used:

1. Divorce Sharih. Namely talak by using clear and firm words, understood or referred to as talak when it was dropped.
2. Divorce Kinayah. Namely talak which uses satirical or vague words aimed at bringing down the divorce.

Divorce in terms of whether or not the ex-husband is allowed to reconcile:

1. Talak Raj'i. What is meant by talak raj'i is talak which may be referred to by an ex-wife by her ex-husband during the iddah period or before his iddah period ends. Which includes talak raj'i, namely divorce one and divorce two.

"Divorce (which can be referred to) twice. After that may be reconciled again in a good way or divorce in a good way. " (Surah al-Baqarah: 229)

2. Ba'in divorce. Namely, the divorce imposed by the husband and ex-husband must not ask for reconciliation except by making a remarriage contract with all the terms and conditions. There are two kinds of talak ba'in, namely talak ba'in shughra and talak ba'in kubra.

Ba'in Shughra divorce is a divorce which eliminates the former husband's ownership of the ex-wife, but does not eliminate the ability of the ex-husband to reconcile by performing a remarriage contract. Which includes talak ba'in shughra, among others, talak that has not been mixed, khuluk, divorce one, and divorce two but the iddah period has expired.

Talak Ba'in Kubra is triple divorce, where the ex-husband cannot reconcile. Unless, if her ex-wife had married another man and she had been hanging out with, then divorced by her second husband.

There are three kinds of divorce in terms of quantity:

1. Divorced one. It is the first divorce that a husband gives to his wife and only with one divorce.
2. Divorced two. Is a divorce that is dropped by a husband on his wife for the second time or for the first time but with two divorces at the same time. For example: "I divorced you with divorce two."
3. Divorce three. Is a divorce that is dropped by a husband on his wife for the third time, or for the first time but immediately divorces three. For example the husband said: "I divorced you with triple divorce."

In terms of dropping two and three divorces at the same time, the scholars of fiqh have different opinions. There are those who argue that it is legitimate and there are those who think that it is not valid.

For example, Ibn Taymiyyah, Ibn Qayyim, and Syaukani said that divorce two or three talak that is dropped at once by a husband to his wife is not valid, even though it is equal to one divorce. Even other scholars such as Zhahiriyah have different opinions that two or three divorces at the same time are not valid, so that even one divorce does not fall or is the same as not dropping a divorce.

All of that returned to the husband's intention. The intention is serious about dropping the divorce or not.

Wallâhu a'lam bish-showâb.

Regards!

Answered by: Ustadz H. Ahmad Fauzi Qosim.

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