Question:
Assalamualikum.
Could you please tell me how the divorce
procedure works in Islam. Suppose a couple (both husband and wife) wants divorce, in that
case we shall they do first. How long is the seperation (if any) or waiting time before
they finally divorce each other?
Thank you.
Syed Abul Basher
Answer:
Wa Alaikum Assalam
and thanks for contacting brother Syed Abul Basher,
If at all it becomes necessary to divorce,
the husband is ordered to say "Talaq" in the "Tuhur" (non-menstrual
days). He better not repeat the word 'Talaq'. The (about) three months period from the day
of saying 'Talaq' is period of "Iddah", during which the husband has the right
to revert his decision and take his wife back with fresh nikah (only if he has used the
word 'talaq' once or at best twice during the marriage contract). When three months expire
after saying of one or two 'talaqs', the divorce becomes effective and is called
"Ba'in", which implies that if so desires now, the separated spouses can get
together through fresh nikah (without halala).
Wassalam,
M. Haq
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