Solving natural spousal

Type #1 ashes
Divorce (Talaaq)

Treatment of aberrant
behaviour (nushoz)

Separation between Types of separating

Spouses spouses

Iddah

Type #2 Type #3
Mutual divorce (Khul') Separating by a judge’s
ruling
 Type #1
Separation
Divorce (Talaaq)
between Spouses

Definition: Dovorce is
The Pronouncement of divorce Rules and Condition:
revoking a valid marriage
contract by pronouncing a divorce is permissible and
special utterance. is legitimized when
Types/Stages of Divorce necessary. But it is the most
detestable 'halal ' to Allah,
glory be to Him. What is
more, it is forbidden when
Moral of Divorce: Islam no reason supports it and it
has legislated morals that
is intended to hurt the wife
man has to adhere to
when he divorces his wife
because divorcing a wife
without an acceptable
reason amounts to hostile
annoyance
 The pronouncement of
Moral of Dovorce Types/Stages of Divorce
divorce.

Explicit pronouncement:
When a husband says to his
Moral of Divorce: Islam has wife “You are divorced” or in
Arabic “You are Taleeq” #1 Revocable Divorce
legislated morals that man has
to adhere to when he divorces
his wife
Through a metaphoric
pronouncement: such as #2 Minor Irrevocable
"join your folk" "you are no Divorce
longer under a bond of
Sunni Divorce: when the man marriage with me". Here we
follows morality in his divorce. need to ask the man about #3 Major Irrevocable
#1divorce uttered not to be his intention. Divorce
summed up in one utterance
or one sitting.
Conditional Divorce:
#2dovorce must occur when
When a husband attached
the wife is clean after
divorcing his wife to a
menstruation and spouse do View #1
future happening, such as
not engage in sexual when he says to her "If you
intercourse. do so and so you are
#3 witness are present. divorced, or if you do not View #1
do so and so you are
divorced"
 Types/Stages of Divorce

#1 Revocable
Divorce
#2 Minor
Irrevocable Divorce
If a man divorces his wife for the the first
or second time,the divorce will be
recoverable duringthe waiting period This occurs after the expiry of the waiting
(iddah) man has the right to reconcile period (iddah) of the divorcee in the first
with his wife. or second divorce as a woman becomes
irrevocably divorced. A wife could return
#3 Major to her ex-husband by her consent with a
Irrevocable Divorce new contract and dowry.

If a man divorces his wife for the third time, this becomes a major irrevocable divorce as soon
as he pronounces divorce for the third time. He can never remarry her except after she
marries another man and consummates the marriage . Else if this other husband dies (or
divorces her) and she completes her waiting period (iddah) after his death, her ex-husband
may marry her then with a new dowry and a new marriage contract.
 Separation
between Spouses Type #2 Mutual divorce (Khul')
Khul' is
permissible
Separation
# 1 if the wife
Divine justice granted woman the right to free herself of this occurring by Khul'
realized she cannot
contract toward off self-injury through mutual divorce is a minor
fulfill the
which means extraction. irrevocable divorce.
husband’s rights.
So the woman
#2 if the wife could return to her
cannot stand her husband (if they fix
husband . their conflict) by
remarrying him
#3 if the husband
with new contract
indulges in acts of
and dowry.
lewdness.

Legislation: it is
Definition: means permissible in the
the separation of a Holy Qur'an and in
man from his wife Khul' is forbidden if
the Prophet's
(at her request) for there is no valid
Sunnah and
a compensation reason.
because the ruling
paid by the wife). governing this is
established.
 Type #3 Separating by a judge’s ruling

First: Separation Second: separation Third: separation for Fourth: separation for
based on defect for inability/refusal to injury the absence of the
support the wife husband

This separation
happens because of
a physical defect or If the husband is
repulsive disease, If the wife complains absent and his place
which denies the of injurious behavior is not known, or is
realization of the by her husband such known but he
If the husband
purpose of marital as constantly refuses to return, the
encounters difficulty
life. If one of the insulting her or woman has the right
or refuses to spend
spouses is defective beating her severely to ask for a divorce
on his wife and the
and hid this from the to the extent of after the lapse of a
wife is impatient the
other party, this making the year or more on his
judge may separate
other party has the continuity of martial absence. The judge
them by a revocable
right to demand life impossible, the may grant her a
divorce.
revoking the judge may order a divorce after a
marriage contract one minor search, an inquiry
through the judiciary, irrevocable divorce. and asking the
and the divorce in husband to return.
this case is a minor
irrevocable divorce.
 Separation Iddah
between Spouses

The main purposes Ending the marital bond makes iddah compulsory on the wife. lddah is a period estimated by
for Iddah is to Sharia, which a woman spends after separation from her husband during which she abstains
remove any doubt as from marriage. Its length differs according to the reason for separation and the condition of
to the paternity of a the wife.
child born after the
divorce or death of
the prior husband.

Condition # 1: A Condition #2: Condition # 4: Condition # 4:

A divorcee Condition # 3:
divorcee who still A divorcee or A divorcee or
who passed If the husband
menstruates. Her widow who is widow who is
the age of died, then the
period of Iddah is pregnant, her pregnant, her
monthly widow will
3 menstrual period of Iddah period of Iddah
courses. Her have Iddah of
periods. will be until she will be until
period of 4 months and
delivers the she delivers
Iddah will be 3 10 days.
baby. the baby.
months.
 Separation
between Spouses

Types of separating Types of separating Types of separating

spouses spouses spouses
First type: separation It occurs when one of the It is natural that clashes
according to the will of two spouses mistreats between spouses
the husband through the other and deals with happen, mostly minor
divorce (Talaaq) him/her as an inferior clashes deriving from
Second type: party thus jeopardizing misunderstanding or
separation according the marital relationship. different opinion or
to the will of the wife Nush oz may occur from moodiness, especially in
through mutual divorce the husband or wife or the beginning of marital
(Khul') both. life in order to transcend
these differences and
Third type: separation When all options of
achieve benevolent co-
by a judge's ruling solutions are invalid,
habitation, adjusting to
through judicial spouses must separate
the prerequisites of the
separation . to find happiness with
new life and realizing the
other partner. Allah
desired happiness. Both
legitimates divorce to
have to tackle negativities
give spouses the option
with wisdom and
to start a new life if they
rationality.
no longer can have it.