Giving Talaaq

Talaaq is a means or a facility that the Shari’ah has granted to end a conjugal union that cannot continue to respect the right of the other and the limits that Allah Ta’ala has established. Nonetheless, as far as possible, Talaaq should not be pronounced as it is something which is binding even jokingly. That is why one must take a lot of precautions and try to forget it. 

If one finds that the problems in the marriage are persisting, then at the outset, one should contact a person who has knowledge and experience who may give advice. At the end, if it is seen that there is no other solution besides separating, then they may try to stay separately for some time without Talaaq. Let time take its course as sometimes, people happen to realise their mistakes with time. Perhaps both parties may realise their shortcomings and mistakes which may allow them to reconcile.

Giving only one Talaaq

If this also does not work, then give only ONE Talaaq. Never give 2 or 3 Talaaq. It is a big mistake to give more than one Talaaq. This should not be done. Besides, there is no necessity to give more than one Talaaq as the aim of giving Talaaq is separation and it can be done through one Talaaq only.  

Advantage of giving only one Talaaq

There are many advantages of giving only one Talaaq. First of all, there are about 3 months for the person to ponder. If ever, he realises that he has acted badly, then in certain cases, he can return to his wife without renewing the Nikah just as there are certain circumstances where he may do so by renewing the Nikah. By giving only one Talaaq, there is the possibility of returning to the wife even after 3 months although the Nikah should be renewed in this case. That is, this marriage may be revoked by renewing the Nikah or without renewing it. It depends on the circumstance. However, if it is better to separate, there is nothing to do. One should just maintain on that one Talaaq. After 3 menstrual periods, the woman will be out of the Nikah automatically and she will be free to contract another Nikah if she wishes.

Many people believe that a woman must absolutely get her 3 Talaaq in order to be able to marry again. However, this is not necessary. She can become free by one Talaaq also. So, by giving only one Talaaq, the wife may return back to the first husband just as she is free to contract another Nikah.

[English version of "Donne talaaq" – Al Jamiat – Vol.1 No.9]