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Q 8: What are the Different Modes of TALAQ and When Talaq become IRREVOCABLE?
A: DIFFERENT MODES OF TALAQ: A Muslim of sound mind, who has attained puberty, may divorce his wife whenever he desires without assigning any cause.
A talaq may be effected in any of the following ways:
1. TALAQ AHSAN: This consists of a single pronouncement of divorce made during a tuhr (period between menstruations) followed by abstinence from sexual intercourse for the period of iddat.
A talaq in the ahsan mode becomes irrevocable and complete on the expiration of the period of iddat.
2. TALAQ HASAN: This consists of three pronouncements made during successive tuhrs, no intercourse taking place during any of the three tuhrs.
A talaq in the hasan mode becomes irrevocable and complete on the third pronouncement, irrespective of the iddat.
3. TALAQ –UL-BIDAAT OR TALAQ-I-BADAI: This consists of (a) three pronouncements made during a single tuhr either in one sentence, e.g., “I divorce three thrice” or on separate sentence, e.g., “divorce thee, I divorce thee”. (b) a single pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage i.e. “I divorce three irrevocably”
A talaq is the badai mode becomes irrevocable immediately it is pronounced, irrespective of iddat.
Although the power to give divorce belongs primarily to the husband, he may delegate the power to the wife or a third person, either absolutely or conditionally, and either for a particular period or permanently. The person to whom the power is thus delegated may then pronounce the divorce accordingly. A temporary delegation of the power is irrevocable, but a permanent delegation may be revoked.
IRREVOCABILITY OF TALAQ: A talaq in the ahsan mode becomes irrevocable and complete on the third pronouncement, irrespective of the Iddat. A talaq in the bidai mode becomes irrevocable immediately when it is pronounced, irrespective of the Iddat.
In the absence of words showing a different intention, a divorce in writing operates as an irrevocable divorce and takes effect immediately on its execution.
Among the Hanafis, a talaq pronounced by a man whilst in a state of intoxication is effective unless the liquor or the drug which causes the intoxication was administered against his will or was taken for a necessary purpose, i.e, medically. Under the Shia Law divorce pronounced in a state of intoxication is invalid.