THALAQ IN ISLAM

A. Understanding THALAQ in Islam

THALAQ word comes from the 'Arab namely: - :
separated from her husband and had abandoned her husband. Thaliqan plurality is
Thullaqun and Thawaliqun plurality is thawaliqun. Who let the point is the relea
se of people who maintain it. " In the Fiqh Sunnah THALAQ word is mentioned as f
ollows:
risoners ... ...?. That is if you untied and sent him. " Abdul Rahman Al-Jaziriy
THALAQ give the following definition: "THALAQ
certain lafadz." The definition according to Sayid Sabiq THALAQ in Fiqh Sunnah
as follows:
, "THALAQ according to the term Personality
Sabiq THALAQ stressed that the notion that the consequences of these THALAQ, is
opening again and break the bonds of marriage (dissolution) the relationship of
husband and wife who previously had coached them. They are no longer bound by t
he words spoken by the husband during marriage ceremony creates. So the husband
and wife let go of its responsibilities if it is with lafadz THALAQ or with the
divorce and also with appreciation that aims to release his wife. While in the b
ook there is mention of Al-Mahalliy THALAQ definition as follows:
nality 'is to open a binder of wedlock with lafadz THALAQ or that for instance".
With this understanding nampaklah that THALAQ is a wedding speech to open the r
ope and let go of his wife from their responsibilities. In the book of Al-Akhwal
usy dlam Syakhsyiah also exists in the state of THALAQ definitions are:
or in the days to come with the subscription of lafadz THALAQ or the same word
with him. In a sense it is clear that THALAQ is a means (tool) to open marriage.
In this way there are two, namely dropping THALAQ directly or in suspend for th
e future. Thus it is understandable that in the mean by THALAQ is releasing or d
issolving the marriage between husband and wife, both are directly at it or for
the future when that will come with lafadz THALAQ or that convey the same with h
im as with a gesture or writing. After the authors propose the sense THALAQ cert
ainly not independent of the verses pertaining to THALAQ among others:
rces (which can dirujuki) twice. after that may refer to again in a way that ma'
ruf or divorce with a fine. not lawful for you to take back something from which
you have given them, unless they worry will not be able to run the laws of God.
if ye fear that they (husband and wife) can not execute the laws of God, then t
here is no sin on either of them given by the wife pay to redeem himself. That t
he laws of God, You shall not break them. Any person who violates the laws of Go
d they That people who do wrong. In the As-Shabuniy commentary explained that as
babun nuzul paragraph above are as follows: "It is reported that the people of i
gnorance do not have the numbers THALAQ, they menthalaq with his wives as he ple
ased. If the iddah woman was nearly exhausted, then dibujukinya again. At the ti
me of the Prophet Muhammad himself had ever happened to a husband who accidental
ly menthalaq his wife by telling his wife "I will not sleep with you but I will
not let you off", she asked "did you mean ...?" He replied "I THALAQ but if you
iddahmu I was about to run out merujukimu again, then she would report this to t
he Prophet went down this verse. The description above meberi THALAQ in the sens
e that God is THALAQ syari'atkan committed husband and the husband may well not
refer back to his wife after the first THALAQ. Similarly THALAQ two, the right t
o refer only found in THALAQ one and two only. This is based on the Word of God
in surah Al-Baqarah as follows:
d divorces it is no sin for both (the former first husband and wife) to kawn bac
k if they believe will be able to run the laws of God. That's the laws of God wh
o explained these things to you who want to understand ". The above verse explai
ns that the husband who has menthalaq THALAQ his wife with three, then the husba
nd should not refer again except after ex-wife had married another man who later
divorced him and has expired iddahnya. Word of God in At-THALAQ letter which re
ads as follows: •
m when they can (face) iddahnya (reasonable) and calculate the time it wants to
have intercourse ... ... Based on the understanding of the above verse can be ar
gued that the husband should menthalaq his wife in a state of pure, so it does n
ot hurt for his wife with the increased length of iddah. After the authors propo
se a few paragraphs about THALAQ, following the author suggests some hadiths rel
ating to THALAQ among others: Word of the Prophet Muhammad: :
"From ibn Umar RA who said: Messenger of Allah SAW said: the act lawful in the
most hated by Allah are THALAQ". Word of the Prophet Muhammad:
"From abi RA Hurayrah who said: Prophet Muhammad said: three case sincerity is
considered seriously and really fun of him is considered, namely marriage, THALA
Q and reconciliation". Based on a few verses and hadiths that the author pointed
out above would be quite clear about the notion THALAQ in Islam.
B. Various kinds THALAQ
Various kinds of THALAQ can be viewed from various aspects as follows: 1. In ter
ms of time dropped it, then THALAQ can be divided into three kinds as follows: a
. THALAQ Sunniy "THALAQ sunniy is THALAQ t
Word of God in At-THALAQ letter: •
be ye divorce them at their iddah time." That is if we want to memceraikan wife
, then let divorced before iddahnya. THALAQ categorized it as THALAQ sunniy if t
hey meet four conditions as follows: :
a state of menstruating, then thalaqnya not disifati with THALAQ sunniy nor wit
h THALAQ bid 'iy, because iddahnya already known and there is no doubt. For smal
l children and yaisah iddahnya calculated three months and people iddahnya pregn
ant until she gave birth abortion. Third: that iddah THALAQ on holy days, which
means that the husband said that before the arrival of menstruation THALAQ wife,
if the blood had stopped menstruating, then enter the sunniy although wife has
not perform ghusl. Fourth: that THALAQ drop it in the sacred time, has not previ
ously interfered nor interfered with the time period before the holy man, becaus
e of possible pregnant wife even though her pregnancy is unclear, because it wil
l bring regret. b. THALAQ Bid'iy THALAQ bid'iy namely THALAQ dropped out of the
provisions of the Sunnah, such as a husband menthalaq iaterinya with THALAQ thre
e at once or a husband and wife who are post partum menthalaq or on holy days, b
ut already dicampurinya at the shrine. In case this bid'iy THALAQ legal scholars
say that in put forward in accordance with the following:
nful. And in the opinion of scholars that THALAQ bid'iy jumhur also as THALAQ ".
c. THALAQ not sunniy and not bid'iy THALAQ not sunniy and not bid'iy THALAQ is n
ot covered by category THALAQ sunniy nor included THALAQ bid'iy category, for ex
ample is: 1) THALAQ imposed against the wife who had mixed 2) THALAQ imposed aga
inst the wife who has never menstruation or wife who has been off period. 3) THA
LAQ imposed against a pregnant wife. 2. In terms of firm and tdaknya words THALA
Q used as a greeting, then THALAQ can be divided into two kinds, as follows: a.
THALAQ sharih, namely THALAQ using words that are clear and explicit, can be und
erstood as a statement THALAQ or instant divorce say, can not be understood the
other. DR. Hasyry Ahmad in his book Al-Akhwalusy THALAQ sharih Syakhsyiah give t
he following definition:
riage ceremony lafadz THALAQ". The lafadz who equated with lafadz sharih besides
THALAQ words, there are some opinions: Al-Imam Ash-Syafi'iy say that the words
which dipergnakan to THALAQ sharih there are three, namely THALAQ, firaq and Sha
rah. These three words are mentioned in the Qur'an and Al-Hadith. Medium Imam Ma
likiah limit sharih lafadz deemed to four lafadz:
ana minka, anta anta thaliqun and muthallaqatun". If the husband against his wif
e by dropping THALAQ THALAQ sharih, then become THALAQ it fell by itself even if
not intended. b. THALAQ kinayah, ie using words or vague innuendo-Samara. DR.Ah
mad THALAQ kinayah Hasyry gives the following definition:
HALAQ or in addition to THALAQ and usually are not restricted to the THALAQ only
". Malikiy and Syafi'iy Group believes that THALAQ kinayah idak considered shah
except with the intention, even though the saying was said by lafadz clear. The
group argues that Hanafiy THALAQ with words satire just fall if his intention wa
s but also could be considered to show the meaning THALAQ with regard to the cir
cumstances, it was when the words were spoken innuendo. 3. In terms of whether t
here is any possibility of revisiting the former husband's ex-wife, then thalak
divided into two kinds as follows: a. THALAQ raj'iy, namely:
ikumpulinya in nature. As-Shiba'iy in his book Al-Akhwalusy Syakhsyiah said that
THALAQ THALAQ raj'iy is that for the return of ex-wife to her husband does not
require a contract renewal. THALAQ raj'iy THALAQ only occurs on the first and th
e second course, based on the Word of Allah as follows:
ujuki) twice. after that may refer to again in a way that ma'ruf or divorce in a
good way. " b. THALAQ ba'in, namely THALAQ that does not give the right to refe
r to the husband against former wife, to return the former wives into matrimony
with the former husband had to go through a new marriage contract. Sayid Sabiq i
n Fiqh Sunnah provide THALAQ ba'in definition as follows:
THALAQ and THALAQ to ransom by the wife to her husband." THALAQ ba'in there are
two kinds, namely: 1) THALAQ ba'in shughra, namely that meghilangkan THALAQ ba'
in ownership ex-husband against former wife but does not eliminate the halal for
mer husband to marry again with ex-wife, as an example is THALAQ before dukhul,
THALAQ khulu 'and THALAQ shame. 2) THALAQ ba'in kubra, namely ownership THALAQ b
a'in which eliminates the former husband of his wife and eliminate halal to marr
y ex-husband back with ex-wife except after ex-wife marries another man, has bee
n mixed with the second husband and has been fairly divorced and has completed a
period of iddah. THALAQ ba'in THALAQ kubra occurred in the third. This is in ac
cordance with the Word of God, which reads:
econd) then the woman is not kosher anymore baginyahingga she marries another hu
sband."
4. In terms of the THALAQ shighat used can be divided into three kinds: a. THALA
Q munjiz, namely: "Which meant a lafadz menthalaq immediately, f
rson who dropped THALAQ like this, then fell THALAQ immediately. b. THALAQ mudha
f, namely: "A shighatnya lafadz which was based on the fut
ek I THALAQ". In the book "Legal Guide Syar'iy" dijelasjakan as follows: "Said t
he wife: thou terthalaq until another year, no full-time terthalaq wives before
mentioned. Schools was approved by Ahmad. Abu Hanifah and Malik said: hold on wh
en it is also the wife terthalaq " c. THALAQ mu'allaq, namely:
his wife: if you get out of this house, then thou terthalaq". While in the book
"Law of Marriage in Islam" by Prof.DR.H.Mahmud Yunus, also presented an example
of THALAQ mu'allaq is as follows: "If I do not give a living to my wife the ...
... three months in a row and he is not willing then fell thalaqku for my wife.
" About this has been agreed scholars say fall if things had been said had happe
ned and there is no dispute them.