Mainly there are three kinds of Talaq (Divorce).
It is clear and natural that with the death of husband or wife the marriage comes to an end. When the wife dies, the husband may remarry immediately, but in case of husband’s death, widow has to wait till the expiry of iddat.
B. By the Act of Parties:
There are 2 types of talaq by the act of parties; they are:
1. By the Husband:
Husband can divorce his wife. He can divorce his wife three different types of talaq system. They are:
Talaq is a Arabic word. Talaq means “taking off any tie or restrain”, and in law it signifies the dissolution of marriage. In Hnafi law, no special form or phrase is necessary to pronounce talaq. In Ithna Ashari law, however, insist on strict adherence to a form, that is, it must be in the Arabic language uttered orally, in the presence and hearing of two male witnesses, who should be honest and virtuous Muslim. Even the presence of the wife is not required. The talaq would be deemed to have take effect on the date the wife came to know of it. ( Ful Chad v. Nazab Ali Choudhari, 1909 ILR 36 Cal 185)
Talaq are two kinds:
A) Talaq-us- Sunnat
A) Talaq-us- Sunnat:
Talaq-us-Sunnat, that is , a talaq which carries the approval of the Propher(Sl). It may be in the most approved form :
a) Ahsan (Most approved)
b) Hasan (Approved)
a) Ahsan ( most approved):
Hedaya brands it is the most laudable divorce, where the husband repudiates his wife by a single pronouncement in a period of tuhr(purity, i.e., when the wife is free from her menstrual courses) , during which he has not had intercourse with her, and then leaves her to the observance of iddat.
b) Hasan(approved) :
In this kind of talaq , the husband successively pronounces divorce three times during consecutive periods of purity. It is, therefore, “ a divorce upon a divorce” where the first and second pronouncements are revocable and followed by a third, only then talaq becomes irrevocable.
Here the husband does not follow the approved form of talaq and neither pays any attention to the period of purity nor to the abstention from intercourse.
Hedaya define it is a divorce where the husband repudiates his wife by three divorces in one sentence, or where he repeats the sentence, separately, thrice within tuhr.
Implied and Contingent Divorce:
The word Talaq has unequivocal meaning viz, repudiation of marriage. It is an express word.
ii) Ila ( vow of continence):
Ila is when a person swears that he will not have sexual intercourse with his wife and abstains from it for four months, the divorce is effected . In Rehema Khatoon v. Iqtidar-Uddin AIR 1943 . ALL 184. the husband , on entering the room of the wife on the very first day of the marriage called her 'a wife in name only. ' The Court refuse to accept it as Ila in absence of a clear intention.
iii) Zihar ( injurious comparison):
Zihar signifies a husband's comparison of his wife with his mother or any female relation within prohibited degrees. In Zihar, the usual phrase is “ thou art to me as the the back of my mother.”
2)By the Wife:
Baillie defines as follows “ As a man may in person repudiate his wife, so he may commit the power repudiating her to herself or to a third party.”
That is the husband may delegate the power of divorce to his wife. He may do so at the time of marriage contract or at anytime when he so likes.
i)Khula ( Redemption):
If the mutual relationship between the husband and wife is not good, the wife , if she so desires, may seek a khula divorce, e.g. by relinquishing her claim to the dower. It, however, entirely depends upon the husband to accept the consideration of dower and to grant the divorce.
The leading case o khula divorce is Moonshee Buzul-Raheem v. Luteefut-oon-Nissa (1861) 8 MIA 379, in which it was observed that a divorce by khula is at one complete from of moment when the husband repudiates the wife. There is no period during which such a divorce can be repudiated.
ii)Mubarat (mutual freeing)
when the divorce is effected by mutual consent of husband annd wife , it is known as mubarat.
C. By Judicial Process:
Md. Shahnewaz Zwaki Advocate Judge Court, Dhaka, Bangladesh.