ما هي أنواع الطلاق؟
Divorce is divided into several types:
1. By Ruling: Sunni Divorce (Divorce according to the Sunnah): This is a single pronouncement of divorce to a pregnant woman or a woman in a state of purity (Tuhr) in which cohabitation did not occur. Bid'i Divorce (Innovative Divorce): In terms of time: Such as divorcing a menstruating woman or a woman in a state of purity (Tuhr) in which cohabitation occurred (unless she is pregnant, or has not been consummated with, or does not menstruate). In terms of number: Such as divorcing her with more than one pronouncement in the same utterance. The preferred opinion is that Bid'i divorce does not occur, and that a triple divorce counts as a single divorce.
2. By Wording: Explicit (Sareeh): Wording from which only divorce is understood. It takes effect whether the husband intended it or not. Implicit (Kinayah): Wording that could mean divorce or something else. It takes effect with intention.
3. By Consequence: Revocable (Raj'i): The first or second pronouncement of divorce without compensation. It is permissible to reconcile with her during her waiting period (Iddah). Irrevocable (Bain): Major Irrevocability (Baynunah Kubra): The third pronouncement of divorce. She is not lawful for him until she marries another husband. Minor Irrevocability (Baynunah Sughra): The end of the waiting period (Iddah) after the first or second pronouncement of divorce, or divorce with compensation (Khul'), or before consummating the marriage. It is permissible to reconcile with her through a new contract and dowry.
4. By Being Immediate or Conditional: Immediate (Munjaz): Occurs directly with words like "You are divorced" and similar phrases, without any condition. Conditional (Mu'allaq 'ala Shart): Pure Condition (Shart Mahdh): Occurs in all circumstances, such as "If the sun sets, then you are divorced." Pure Oath (Yameen Mahdh): Does not result in divorce; rather, expiation for breaking an oath is required. This applies to someone who intended to refrain from a certain action by saying, "If I speak to Zayd, then my wife is divorced." Ambiguous between Condition and Oath (Muhtamal lil-Shart wal-Yameen): Refers back to the intention of the one who made the condition. For example, "If you leave the house, then you are divorced." If he intended divorce, it occurs; otherwise, it does not.
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- Original fatwa ID
- 190936
- Imported
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