|Type of Talaq||Shia||Sunni|
|Talaq ul sunnat - It is a Talaq which is effected in accordance with the traditions of Prophet. It is further divided in two types - Ahasan and hasan.|
- It is the most approved and considered to be the best kind of Talaq.
The word ahasan means best or very proper. To be of Ahasan form, it
must satisfy the following conditions -
Pronouncement in this form is revocable during the period of iddat. Such revocation may be either express or implied. It becomes irrevocable at the expiry of iddat.
- Hasan in arabic means "good" and so this form of Talaq is
considered to be a good form of Talaq but not as good as Ahasan. To be
in this form, it must satisfy the following conditions -
|Talaq ul biddat
- It is a disapproved and sinful form of Talaq. It was introduced by
Ommeyyads in order to escape the strictness of law. To be of this form,
it must satisfy the following conditions -
In Saiyyad Rashid Ahmad vs Anisa Khatoon 1932, one Ghayas Uddin pronounced triple Talaq in the presence of witnesses though in the absence of the wife. Four days later a Talaqnama was executed which stated that three divorces were given. However, husband and wife still lived together and had children. While the husband treated her like a wife, it was held that since there was no proof of remarriage, the relationship was illicit and the children were illegitimate.
It has been said that this type of Talaq is theologically improper. In Fazlur Rahman vs Aisha 1929, it was held that Quran verses have been interpreted differently by different schools. Thus, it is legally valid for Sunnis but not for Shia.
|Shias and Malikis do not recognize this form.
Shia law does not recognize any form of irrevocable Talaq.
|Recognized but considered sinful.|
- (Vow of continence) - Where the husband is of sound mind and of the
age of majority, swears by God that he will not have sexual intercourse
with his wife and leaves the wife to observe iddat, he is said to make
ila. If the husband after having pronounced ila abstains from having
sexual intercourse with wife for four months, the marriage is dissolved
with the same result as if there had been an irrevocable divorce
pronounced by the husband. This requires following conditions -
It is not in practice in India.
- Injurious Assimilation - If a husband compares the wife with his
mother or any other female relative within prohibited degree, the wife
has a right to refuse herself to him until he has perfomed a penance
such as freeing a slave or fasting for a month. In default of expiation
by penance, the wife has the right to apply for judicial divorce.
This form has become obsolete.
|Comparison must have been done in presence of two witness.
Muta marriage may be dissolved by Zihar.
|No such requirement.|
|Talaq e tafweez
- A husband may delegate his power to give Talaq to any third party or
even to his wife. This delegation is called tafweez. An agreement made
either before or after the marriage providing that the wife is at
liberty to divorce herself from her husband under certain specified
conditions (e.g. husband taking a second wife), is valid, provided that
such power is not absolute and unconditional and that the conditions
are reasonable and are not opposed to public policy.
In Mohd Khan vs Mst Shahmali AIR 1972, there was a pre-nuptial agreement in which the defendant agreed to live in plaintiff's parental house after marriage and if he left the house, he would pay a certain sum to the plaintiff, the default of which the condition would act as divorce. It was held that the condition was not unconscionable or opposed to public policy.
Note that a wife does not divorce her husband but gets herself divorced from the husband.
Ameer Ali gives three kinds of tafweez - (This is given in Aqil Ahmed's book. I have no idea what is the difference between the three).
Ikhtiar - giving her authority to Talaq herself.
Amr-bayed - leaving the matter in her own hands.
Mashiat - giving her the option to do what she likes.
This does not deprive the husband from his right to give Talaq.
Talaq e taliq - It means contingent divorce. Under the Hanafi law, pronouncement of divorce may take effect immediately or at some future time or event.
- Divorce at the request of wife - A wife has a right to buy her
release from marriage from her husband. It must satisfy the following
As a consideration for release by the husband, everything that can be given in dower can be given. If the wife fails to give the consideration that was agreed upon at the time of Khula, divorce does not become invalid but the husband has the right to claim the consideration.
In Moonshee Buzloor Rahim vs Lateefutoon Nissa, Khula was defined as a divorce by consent in which the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Khula is thus the right of divorce purchased by the wife from her husband.
|Husband must be adult, sane, free agent (mukhtar), and must have intention to divorce her.
Husband has no power of revocation but wife can reclaim the consideration during iddat. In this case, the husband can revoke Khula.
|Only two conditions - Husband must be adult and sane.
It is irrevocable and partners cannot resume sexual intercourse until a fresh marriage is arranged.
- Divorce by mutual agreement - It is a form of dissolution of marriage
contract, where husband and wife both are averse to the marriage and
want to separate. It requires following conditions -
|By Judicial Decree|
- False charge of adultery - When the husband charges the wife with
adultery and the charge is false, the wife is entitled to sue for and
obtain divorce. In Zafar Hussain vs Ummat ur Rahman 1919, the Allahabad HC accepted the doctrine of Lian. The following conditions must be satisfied -
|Fask - Cancellation - Muslim law allows a lady to approach a qazi for dissolving the marriage under the following conditions -
- Section 2 of Muslim Marriage Dissolution Act 1939 gives the following
grounds to wife belonging to Shia as well as Sunni sects, upon which
she can ask for divorce -
Section 4 of this act removes apostasy as a ground for granting divorce automatically. However, if a woman reconverts back to her original faith, the marriage will stand dissolved.