Islam discourages divorce. Divorce is legal in Islam but it is an abomination. Again there are specific procedures for divorce to be valid. If it is violated, the divorce is not valid. For this, every divorce giver should know – When Talaq is not valid in Islam?
If someone wants to divorce his wife, Islam has instructed him to do four things first. Allah Ta’ala says in the Qur’an, “And admonish those wives about whom you fear disobedience (first). Then forsake their bed and (unless they reform) beat them.
If they obey you, seek no way against them. Surely Allah is the best and the greatest. If you are afraid of discord between husband and wife. But appoint (to settle between them) an arbitrator from the family of the male and an arbitrator from the family of the female.
If they both want to settle, Allah will create a favorable condition for settlement between them. Indeed, Allah is All-Knowing and All-Aware.’ (Surah Nisa, Verses 34-45)
When Talaq is not valid in Islam?
At three times and way, Talaq is not valid in Islam. During the period during which the wife is menstruating. The month in which intercourse with the wife is had. Three divorces at the same time.
Thus, it is not valid to divorce out of anger under coercion, or under the influence of intoxication. However, if divorce is given in this situation, it will be effective.
From the above two verses and hadiths, it is clear that a husband has the right to divorce his wife three times. The method is to divorce once every Thur (free menstruation period) except for intercourse.
After the first two divorces, there is a chance of royalty, but if you divorce the third time, there will be no chance of royalty. Apart from this, the method of Talaq is not valid. Whether it is divorced during menstruation or three Talaqs in one go.
That is why when the Prophet (peace and blessings of Allah be upon him) was informed that a man had divorced his wife three times in a row.
Then he said –
‘Am I playing with the Book of Allah to be present among you?’ (Nasai, 3401)
However, there is no explicit statement in the Qur’an as to whether or not a Talaq will be granted if the divorce is granted illegally.
From this discussion alone, it has become clear that it is illegal to divorce three people at once or during menstruation.
Reference to when Talaq is not valid
The first document – Abu Zubayr reported that he gave Abdur Rahman Ibn Ayman to Ibn Umar Radi. I heard to ask about the man who divorced his wife during menstruation.
Then Ibn ‘Umar (may Allah be pleased with him) said:
Abdullah bin Umar divorced his wife during her menstrual period during the time of the Prophet (peace and blessings of Allah be upon him).
Then Umar Radi. The Messenger of Allah, may Allah bless him and grant him peace, was told that ‘Abdullah ibn Umar had divorced his wife during her period.
Ibn ‘Umar said, “Then the Messenger of Allah, may Allah bless him and grant him peace, returned my wife to me.”
The Prophet (peace and blessings of Allah be upon him) did not consider this divorce valid.
Then he said that when the woman became pure from menstruation, he should keep or let her go.
Ibn ‘Umar (may Allah be pleased with him) said: Then the Messenger of Allah (may peace be upon him) recited this verse of the Qur’an:
‘O Prophet, if you divorce women, divorce them for the waiting period and count the time properly. (Abu Dawood Sharif, 2175)
What are the rules for not valid Talaq in Islam?
From the previous discussion, we have learned that an invalid Talaq can happen in three ways.
- One: Divorce during menstruation
- Two: Talaq in intercourse
- Three: Three divorces together
According to the majority of the Imams, just as divorce will fall in a Shariah-compliant manner, so will divorce illegally.
However, another Jamaat, Muhaqqiq Ulamaye Keram, has said that even if the Talaq is annulled illegally, it will not be effective.
A famous Principles
To command in any matter means to forbid from its opposite. And every forbidden thing demands facades.
Fasad cannot prove the order. Therefore, divorce granted in a non-Sharia manner cannot prove the ruling. (Nail Awtar)
The third document: The Prophet (peace and blessings of Allah be upon him), said: ‘Anyone who acts outside our instructions will be rejected.’ (Bukhari 2550)
Therefore, non-Sharia divorces will also be rejected due to the prevalence of this hadith.
Fourth Document: All the Aqad, which are halal and haram, are considered void when they are haram, such as marriage, etc.
Divorce is also halal and haram, so it will be considered null and void. With more arguments, they strengthen the view that this type of divorce should not fall.
So this view that divorce does not fall is against the Jumhur, but it is not very weak considering Dalail.
When Talaq is valid in Islam
According to the Qur’an and Hadith, the valid time for divorce is when the wife is pure from menstruation, and the husband does not have intercourse with her and gives a divorce in clear words.
Like – ‘I divorced you’. After that, if the husband wants to take the wife back during the Iddat, he can do so. If she does not want to re-establish the relationship, the marital relationship will be severed as soon as the wife’s Iddat ends and the wife will be completely separated from her husband. Then the wife can marry someone else if she wants.
The period of Iddat is until the delivery of the child if pregnant and until the completion of three menstrual periods if not pregnant.
Valid divorce in the Quran
Regarding the valid time of divorce, Allah Ta’ala says in the Holy Qur’an:
‘O Prophet, if you divorce your wives, divorce them for the waiting period, then count the time properly.’ (Surah Talaq – 1)
The interpretation of this verse is clear and beautiful in a hadith narrated from the Prophet (peace and blessings of Allah be upon him) in Saheeh Bukhari.
Ibn ‘Umar (may Allah be pleased with him) informed his wife (may Allah be pleased with him) after divorcing his wife during menstruation:
The Prophet (peace and blessings of Allah be upon him) said:
‘You instruct him to take his wife back. Then let the woman (having a continuous menstrual period) wait until she is pure.
After the woman becomes pure after spending the second menstrual period, she can Talaq him before touching him. This is the waiting period that Allah has commanded. ‘(Bukhari-5251)
In his commentary on the verse, Allama Ibn al-Kathir (may Allah have mercy on him) said: From here, in Fuqaha, Keram divides divorce into two parts, Sunnah and Bid’ah.
What are the conditions for a valid Talaq?
The Shari’ah prescribes divorce three times in three months (at the time of menstruation). It will start at the time of the month when intercourse has not taken place.
After the first and second Talaq, there will be an opportunity to return. But after the third divorce, there will be no chance of reign. In verse 229 of Surah Baqara in the Holy Quran, Allah Ta’ala says:
‘(Royal) Talaq twice (can be granted). Then (if you want to keep it), keep it in a good way or say goodbye fairly. (After divorcing twice) If she divorces a third time, this wife will not be halal for her until she marries another husband. ‘
The first verse of Surah Talaq describes when and how to grant these three divorces.
Conditions for a valid Talaq
- Talaq at the time of the wife’s menstrual period.
- Divorced in the month, he did not have intercourse with that wife.
- Talaq after intercourse after the wife’s womb becomes clear.
FAQs
When divorce is not valid in Islam?
Divorce is not valid in Islam when he divorces out of anger. Thus it is not valid to utter talab under duress or if the husband is not of sound mind.
Is divorce valid in the absence of the wife?
Yes, divorce is valid even if pronounced in the absence of the wife. but
The husband has to involve witnesses and inform the wife about the divorce.
Can divorce be given during the wife’s period?
No divorce is generally not valid during the period of the wife’s menstruation. It is better to wait until he is in a pure state (Tuhr). If divorce is given in that situation, it will be effective.
Divorce will be valid if uttered under the influence of intoxication.
No, divorce is not valid if uttered under the influence of intoxication. The sanity of mind is an important factor for the validity of divorce.
If the divorce is given in anger?
Divorce pronounced in anger is generally valid. It is not good. Scholars must make a calm and thoughtful decision.
Can a mock or conditional divorce be valid?
A mock or conditional divorce is generally not valid. Unless the husband intends it seriously. Intent plays an important role in determining the validity of divorce. But that divorce will be effective.
What will happen if the wife is divorced during pregnancy?
Divorce is legal during the wife’s pregnancy, but the welfare of both the mother and the unborn child must wait until the abortion.