Brief notes on the Types of Divorce under Islamic Law

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1. Talagh brain: A husband may not return to his wife after this divorce unless they have a new marriage con­tract. This divorce applies in six situations:

(a) The divorce of a wife who is under age nine.

(b) The divorce of a wife who is past menopause.

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(c) The divorce of a wife who did not have intercourse with her husband after marriage.

(d) The third divorce between a husband and the same wife (see “3” below).

(e) Talagh khola: Where a wife does not want to stay married to her husband and remits her dowry or any money to her husband so that he will divorce her.

(f) Talagh mobarat: Both parties have a mutual desire for divorce. In this case, a wife may pay her husband to get the divorce.

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2. Talagh ruja: This includes all categories of divorce other than those mentioned above. After this divorce, the husband may return to his wife without a new contract as long as she is in iddah.

(a) In this divorce, a husband may not turn his wife out of her house.

(b) The wife should not leave her home unless it is absolutely necessary (during her iddah).

(c) A husband may return to his wife under either of the following conditions:

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(1) By stating that he wishes to return to her.

(2) By showing through his actions that he wishes to return to her.

3. If a man divorces his wife for the third time, she becomes haram for him to remarry unless all of the following con­ditions are fulfilled.

(a) She permanently remarries another man.

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(b) The wife and her second husband have sexual inter­course.

(c) The second husband either divorces her or dies.

(d) She completes her iddah for the second husband.

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