DIFFERENT MODES OF TALAQ ( DIVORCE)

A talaq may be effected  in any of the following modes:

1. Talaq-ul-Sunnat, and 
2. Talaq-ul-Biddat.

1. Talaq-ul-Sunnat - It is a a talaq which is effected in accordance with the traditions of Prophet. It has been further sub-divided into:

1. Ahsan, and 
2. Hasan.

(i) Ahsan- This Arabic wordk'ahsan' means 'best' or as Wilson puts it 'very proper'. This signifies that the talaq pronounced in the Ahsan form is the best kind of talaq. To be in Ahsan form the proceedings of divorce must satisfy certain conditions. 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 spouses are away from each other for along period or where the wife is beyond the age of menstruation, the condition of tuhr (purity) is not applicalbe.

A pronouncement made in the ahsan form is revocable during iddat. After the expiration of  the iddat the divorce becomes irrevocable:-

1. Marriage must be consummated
2. A single pronouncement of Talaq such as " I have divorced thee" must be made
3. Such pronouncement must be made during tuhr i.e., the period of purity between menstruation.
4. The requirement that pronouncement of Talaq should be made during tuhr applies to an oral divorce, but it does not apply to a written Talaq.
5. The requirement that pronouncement of Talaq should be made during tuhr does not apply to a wife who has crossed the age of menstruation or the parties have been away from each other for a long time, or when marriage has not been consummated.
6. There must be no sexual intercourse during tuhr.
7. There must be no sexual intercourse during the period of Iddat in case of a pregnant woman, there must be no sexual intercourse till the birth of the child.

It could be revoked if husband makes a Ruju ( sexual intercourse) towards wife during the period of Iddat by conduct or even by express words. This is a common position among all schools. But once the period of Iddat expires Talaq becomes irrevocable. In case of an old lady, beyond the age of menstruation ( Yaisa) would not arise as a condition to pronounce this form of Talaq. When the marriage was not consummated a Talaq in Ahsan form may be pronounced even if the wife is in her menstruation.  This form of Talaq applies to oral Talaq and not a divorce in writing though a memorandum of oral pronouncement could be prepared for proof ( having signature of witnesses which are not necessary under Hanafi Law). There is no other condition for pronouncement of Talaq in this form such as reconciliation. Hence, it was held that reconciliation is not a condition precedent. though in the same case Court had observe that Court should make an attempt  for reconciliation and it is essential according to injunctions of Quran. 

Shia Law-

The only difference being that shia Law requires two Additional witnesses at the time of pronouncement of Talaq. If a man had sexual intercourse during her Pak ( pure) period and wishes to divorce his wife he should wait till she enters in menstruation and then again becomes Pak only then she could be divorced. In case a husband had sexual intercourse during Pak period and separated from wife like, if he proceeded on journey and wishes to divorce, then he should wait for at least one month.

(ii) Hasan Talaq- Hasan Talaq is the approved form 'Hasan' means good.#

Following are the requirements of a Hasan Talaq:-

1. Marriage must be consummated.
2. Three pronouncements of Talaq ( such as 'I have divorce thee' for three times) must be made. Such pronouncements must be made three times ( one during each tuh) during there successive tuhrs.
3. The requirement that the pronouncement of Talaq should be made during tuhrs does not apply to a wife who has crossed the age of menstruation. In such a case, the pronouncement of talaq may be made after the interval of 30 days  between the successive pronouncements. For example if first pronouncement is made on 1st January, 1993 the period for the will expire on 1st April, 1993.
4. There must be no sexual intercourse during all the three successive tuhrs before making any pronouncement. In case of pregnant woman, there mus be nos sexual intercourse till the birth of the child.
5. In case of an unconsummated marriage, a single pronouncement of Talaq even made during a period of menstruation results into in irrevocable Talaq. 

Such divorce becomes irrevocable on the third pronouncement. Fyzee has illustrated an example - The husband pronounces a Talaq for the first time during a period of purity. This is first pronouncement of Talaq. If husband resumes cohabitation or revokes this firs Talaq in this period of purity and thereafter in the following period of purity at a time when no intercourse has taken place husband pronounces second Talaq. This Talaq is again revoked by express words or conduct and the third period of purity entered into. In this period no intercourse has taken place,  the husband for the third time pronounces Talaq. This third pronouncement operates in law as a final and irrevocable dissolution of marriage.

(2) Talaq-ul- Biddat-  Talaq-ul-Biddat is also known as talaq-ul-baio or bidda or bidai. Biddat means sinful. It is recognized only under Sunni Law. In this type of Talaq the pronouncement of Talaq is irrevocable. The historical background of this type of Talaq depicted by Ameer Ali as:

"The Talaq-ul-Biddat, as its name signifies, is the heretical or irregular mode of divorce which was introduced in the second century at the Mohammedan era. ( The Omayyid monarchs finding that the checks imposed by the Prophet on the facility of repudiation interfered with the indulgence of their caprice, endeavored to find an escape from the strictness of law and found a loophole to effect their purpose) As a matter of fact the capricious and irregular the power of the divorce which was in the beginning left to the husband was  strongly disapproved by the Prophet (peace and blessings be upon him). It is reported that when once news was brought to him that one of his disciples had divorced his wife, pronouncing the three talaqs at one and the same time the Prophet (peace be upon him) stood up in anger on his carpet and declared that the man was making the  play thing of the words of God and made him to take back his wife.

Talaq-ul-biddat is a recognized form of divorce among the Hanafis. Triple repetition is not a necessary condition for irreconcilability of effect. Sunni Law recognises talaq-ul-biddat though they think it to be sinful. Shias and Malikis do not recognise this form of divorce. In order to be included in this form of divorce the following requirements are necessary.

• Thee pronouncements made during a single tuhr either in one sentence e.g., "I divorce thee" or in separate sentences e.g., "I divorce thee irrevocable, I divorce thee, I divorce thee"
• A single pronouncement made during a tuhr clearly indicating a n intention irrevocably to dissolve the marriage e.g., "I divorce thee irrevocable"

Talaq-ul-biddat is irrevocable immediately and cannot revoked under any circumstances, from the very beginning it is a talaq-i-bain. If there is clear intention indicating an irrevocable talaq, it would be effected even if such intention is expressed in a single pronouncement and not in simple form.

Talaq-e-Biddat could be pronounced by two methods:

(i)  In the first three pronouncements are made in single Tuhr, either in one sentence, I divorce thee thrice, or in separate sentences e.g., 'I divorce  thee, I divorce thee.

(ii)  The other system is to pronounce Talaq in a single pronouncement, made during Tuhr and with a clear intention to irrevocable dissolving the marriage. Husband has to say, " I divorce thee irrevocably".

Talaq-ul-Bain ( triple Talaq) is a recognised form of talaq among Hanafis. Triple repetition is not a necessary condition for irrevocable effect. Though theologically it is considered bad among Hanafi Law but it is perfectly valid under the law. This consists of three pronouncements made during a single Tuhr either in one sentence or a single pronouncement made during a Tuhr clearly indicating an intention irrevocably to dissolve the marriage. For this kind of Talaq it was observed: "A Talaq is valid even though it is uttered in sport or jest or inadvertently or by mere slip of tongue or even by mistake or carelessness.

A talaq-ul-barin ( irrevocable divorce) is a recognised form of divorce among Hanafis.

When they become irrevocable ?

1.  Talaq-ul-sunnat.

• Talq ahsan-becomes irrevocable on expiry of the period of iddat.
• Talaq hasan-becomes irrevocable on the thir pronouncement irrespective jof the iddat.

2. Talaq-ul-iddat.- It becomes irrevocable immediately whenit is pronounced irrespective of iddat. This talaq is known as talaq-ul-bain. When talaq is in writing it becomes irrevocable immediately.