Nikaah / Talaaq / Iddat

In principle, Talaaq is detestable. This is because it is a way to break a Nikah which is a blessing from Allah Ta'ala. It is reprehensible to disregard a blessing. So Talaaq is like brushing off the blessing of Nikah. So, it is something detestable. Moreover, this rupture creates hatred between two persons and by extension, between two families. What the children bear due to that is something apart. This is why Talaaq should not be given.

But, it is also a fact that such situations arise where it becomes difficult to continue. Thus, the Shariah proposed a means to end this relationship. And this is called Talaaq. Normally, this situation arises when the right of the partner can no more be respected according to the Shariah. There are also other criteria and reasons besides that. So we should gauge well and analyse the pros and cons before taking a decision. And it is not too much if the assistance of someone who has knowledge and experience in the field is sought.

Often, people may make wrong decisions when the matter is still hot and the mind still upset. This is why decisions should not be made in anger because very few people have the ability to reason rationally in anger. Similarly, a person should not make decisions in a state where his reasoning may be affected and influenced.

Afterwards, when he has pondered well and has decided to separate from his wife, then he should proceed with the matter when his wife is in the state of purity and he did not yet copulate with her in that state of purity. If somehow he had copulated with her in that state of purity, then he should wait until she gets her haiz and becomes pure thereof. Now, if he still maintains his decision, he may give her Talaaq before copulating. Also, after the Talaaq, they should not copulate. He should give her only one Talaaq, not two or three Talaaq.

The wife will wait until she gets three haiz. When she attains purity after her third haiz, she will be out of Nikah and she can rebuild her future. This waiting period is called Iddat.

Before the ending of her three haiz, her husband has the right to return to her without renewing the Nikah. If the course of the three haiz are completed and the husband did not revoke the Talaaq, then the woman has attained her freedom. Now he will not be allowed to return. Yes, if both of them agree, they may renew the Nikah and return together. They have the option to renew it if they were separated by one or two Talaaq. But this option is not available after three Talaaq.

[English version of "Nikah/Talaaq/Iddat" – Al Jamiat – Vol.7 No.15]