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Subject: Legal study of Quran
Assignment Topic: Talaq and its Kind

Submitted to: Ahmad Abdullah
Submitted by: Jehangir Khan
R.NO: 3353-FSL/LLB(E)F17
Definition of Talaq:
Talaq is the Islamic form of divorce, where the husband may

divorce his wife unilaterally by an oral declaration made three times.
Among sunni Muslims, this form of divorce does not need any
witness. Though Shia Muslims consider this form of divorce as
forbidden, some regions accept it if performed before witnesses.
“A talaq is valid even though it is uttered in sport or jest or

inadvertently or by a mere slip of the tongue or even by mistake or
carelessness (but that) a talaq pronounced in sleep would not be valid....
“A talaq may be pronounced to take effect on the happening of any

contingency or the fulfillment of any condition or at a future time.”
Kinds of talaq:
1. Talaq-ul-Sunnat or revocable Talaq, and
2. Talaq-ul-Bidaat or irrevocable Talaq.
The Talaq-ul-Sunnat or revocable Talaq may be pronounced either in

the Ahsan form or in the Hasan form. That is to say, Talaq-ul-Sunnat
may be further sub-divided into: (i) Talaq Ahsan (most proper) and; (ii)
Talaq Hasan (Proper). Talaq-ul-Bidaat is irrevocable and becomes
effective as soon as it is pronounced in any way, indicating husband’s
desire to dissolve the marriage. In brief, the classification of the different
kinds of talaq is given below:
I. Talaq-ul-Sunnat (Revocable Talaq):
Talaq-ul-Sunnat is regarded to be the approved form of Talaq. It is called
as Talaq- ul-Sunnat because it is based on the Prophet’s tradition
(Sunna). As a matter of fact, the Prophet always considered Talaq as an
evil. If at all this evil was to take place, the best formula was one in which
there was possibility of revoking the effects of this evil. With this idea in
mind, the Prophet recommended only revocable Talaq, because in this
form, the evil consequences of Talaq do not become final at once. There
is possibility of compromise and reconciliation between husband and
wife.
Talaq-ul-Sunnat is also called as Talaq-ul-raje. Only this kind of Talaq

was in practice during the life of the Prophet. This mode of Talaq is
recognised both by Sunnis as well as by the Shias. Talaq-ul-Sunnat may
be pronounced either in Ahsan or in the Hasan form.
ADVERTISEMENTS:
(i) Talaq Ahsan (Most Proper):

This is the most proper form of repudiation of marriage. The reason is
twofold: First, there is possibility of revoking the pronouncement before
expiry of the Iddat period. Secondly, the evil words of Talaq are to be
uttered only once. Being an evil, it is preferred that these words are not
repeated.
In the Ahsan Talaq there is a single declaration during the period of

purity followed by no revocation by husband for three successive period
of purity. In this form, the following formalities are required:
(a) The husband has to make a single pronouncement of Talaq during

the Tuhr of the wife. Tuhr is the period of wife’s parity i.e. a period
between two menstruations. As such, the period of Tuhr is the period
during which cohabitation is possible. But if a woman is not subjected to
menstruation, either because of old age or due to pregnancy, a Talaq
against her may be pronounced any time.
ADVERTISEMENTS:
(b) After this single pronouncement, the wife is to observe an Iddat of

three monthly courses. If she is pregnant at the time of pronouncement
the Iddat is, till the delivery of the child. During the period of Iddat there
should be no revocation of Talaq by the husband.
Revocation may be express or implied. Cohabitation with the wife is an

implied revocation of Talaq. If the cohabitation takes place even once
during this period, the Talaq is revoked and it is presumed that the
husband has reconciled with the wife.
When the period of Iddat expires and the husband does not revoke the
Talaq either expressly or through consummation, the Talaq becomes
Irrevocable and final.
It may be noted that the characteristic feature of the Ahsan form of Talaq
is a single pronouncement followed by no revocation during the period of
three month’s Iddat. Therefore, where a husband makes any declaration
in anger, but realising his mistake afterwards, wants to cancel it, there is
sufficient time for him to do so. Single pronouncement of the civil words
of Talaq and sufficient opportunity to the spouses for reconciliation, are
the two reasons for calling this form as the ‘most proper’ form of Talaq.
(ii) Talaq Hasan (Proper):

This Talaq is also regarded to be the proper and approved form of Talaq.
In this form too, there is a provision for revocation. But it is not the best
mode because evil words of Talaq are to be pronounced three times in
the successive Tuhrs. The formalities required under this form are as
under:
(a) The husband has to make a single declaration of Talaq in a period of

‘Tuhr.
(b) In the next Tuhr, there is another single pronouncement for the
second time.
It is significant to note that the first and second pronouncements may be

revoked by the husband. If he does so, either expressly or by resuming
conjugal relations, the words of Talaq become ineffective as if no Talaq
was made at all.
(c) But, if no revocation is made after the first or second declaration then
lastly the husband is to make the third pronouncement in the third period
of purity (Tuhr). As soon as this third declaration is made, the Talaq
becomes irrevocable and the marriage dissolves and the wife has to
observe the required Iddat.
It may be noted that the important feature of Talaq Hasan is its

revocability before the third pronouncement and its irrevocability after the
third. In order to make an effective Talaq, the words must be uttered
three times in three consecutive period of purity.
In Ghulam Mohyuddin v. Khizer, a husband wrote a Talaqnama in which
he said that he had pronounced his first Talaq on 15th September and
the third Talaq would be completed on 15th November. He had
communicated this to his wife on 15th September.
The Lahore High Court held that this was a Talaq Hasan. The Court
observed that the Talaqnama was merely a record of the first
pronouncement and the Talaq was revocable. The Court further
observed that for an effective and final Talaq, the three pronouncements
must actually be made in three Tuhrs-, only a mention of the third
declaration is not sufficient.
II. Talaq-ul-Bidaat (Irrevocable):

This Talaq is also known as Talaq-ul-Bain. It is a disapproved mode of
divorce. A peculiar feature of this Talaq is that it becomes effective as
soon as the words are pronounced and there is no possibility of
reconciliation between the parties. The Prophet never approved a Talaq
in which there was no opportunity for reconciliation.
Therefore, the irrevocable Talaq was not in practice during his life. The
Talaq-ul-Bid’at has its origin in the second century of the Islamic-era.
According to Ameer Ali, this mode of Talaq was introduced by the
Omayad Kings because they found the checks in the Prophet’s formula
of Talaq inconvenient to them.18 Since then this mode of Talaq has been
in practice among the Sunni Muslims.
THE END

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Subject: Legal study of Quran

Assignment Topic: Talaq and its Kind

Talaq is the Islamic form of divorce, where the husband may

“A talaq is valid even though it is uttered in sport or jest or

“A talaq may be pronounced to take effect on the happening of any

1. Talaq-ul-Sunnat or revocable Talaq, and

2. Talaq-ul-Bidaat or irrevocable Talaq.

The Talaq-ul-Sunnat or revocable Talaq may be pronounced either in

Talaq-ul-Sunnat is also called as Talaq-ul-raje. Only this kind of Talaq

(i) Talaq Ahsan (Most Proper):

In the Ahsan Talaq there is a single declaration during the period of

(a) The husband has to make a single pronouncement of Talaq during

(b) After this single pronouncement, the wife is to observe an Iddat of

Revocation may be express or implied. Cohabitation with the wife is an

(ii) Talaq Hasan (Proper):

(a) The husband has to make a single declaration of Talaq in a period of

It is significant to note that the first and second pronouncements may be

It may be noted that the important feature of Talaq Hasan is its

II. Talaq-ul-Bidaat (Irrevocable):

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