2. Talaaq (Divorce) Types
This section explains the different types of talaaq (divorces).
Irrevocable and Revocable divorce
Irrevocable divorce means that after the divorce, the husband is not entitled to take back his wife, that is, he is not entitled to take her as his wife without Nikah. This divorce is of five kinds, namely:
- The divorce of a woman who is in menopause.
- The divorce of a woman whose husband has not had sexual intercourse with her after their marriage.
- The third divorce of a woman who has been divorced three times.
- The divorce called Khul'a and Mubarat.
- The divorce by intervention of Mujtahid, in the case of a wife whose husband is neither prepared to maintain her nor to divorce her.
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Talaaq-e-Raj'ee or Revocable Divorce
This is a regular talaaq (divorce) that the husband grants.
Khula' divorce or Talaqul Khula
The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula' Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.
The property which the husband takes in Khula divorce can exceed the Mahr of the wife.
Mubarat divorce
If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called 'Mubarat'.
The property which the husband takes in Mubarat divorce should not exceed the Mahr of the wife.