The declaration of the husband’s intent ( ), thoughtfully and not jokingly or in a fit of anger – communicated to his wife.
Like in (Ar-Riba), in this word
(Attalaq) too, there is this prefix of . This prefix gives
(talaq) its special Qur’anic meaning.
The declaration of the husband’s intent , thoughtfully – and not jokingly or in a fit of anger – communicated to his wife. It is the intention that matters, not the number of declarations – once, twice, or thrice, made at one go or an interval of one month – of the same intention. Once this communication is made, the wife becomes (divorced), and the first happens.
There is a waiting period prescribed for the . The in the case of an unconsummated marriage is nil, and in cases of consummated marriages, it is three menstrual periods or three months. For a pregnant , it is till delivery.
During the the couple can resort to (reconciliation). And even after the is over, they can remarry. Then the intent, in husband’s mind, of divorce gets wiped out, but, let me repeat, the fact, that first has happened, does not get wiped out. If, after a lapse of some time then, the couple’s mutual relationship again gets so bad that the husband’s intent to divorce her reemerges and he communicates that intent to her, then it is counted as No. 2!
But if (reconciliation)does not happen and the has to leave the husband’s house, her leaving ought to be (done with kindness). Nothing that the husband had given her, as his wife, should be taken back from her. Except when all concerned (the husband, the wife, and their respective families) agree that the divinely laid down norm of not taking anything back from the cannot be adhered to, she may give up any of those things given her, to facilitate the divorce taking effect. This exception also is within the divinely laid-down limits, and no blame of committing any sin for availing it lies on either the husband or the wife. Therefore, there is no question of imposing any penalty/restriction on either of them.
So, is the divorce in which all the conditions mentioned above are fulfilled. is permitted only twice.
This is reiterated in the Qur’an, in its unique mathematical way of saying the word only twice in the entire Scripture. The third time, the divorce becomes irreversible and goes outside the scope of .May Allah Almighty guide Muslims to His correct Path.