Sunday, November 19, 2017 - 30 Safar 1439
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What is an irrevocable divorce?

What is an irrevocable divorce?

Answer

• Talaq ba`in [Irrevocable divorce]
It is a divorce wherein the husband cannot take his wife back except with her consent and after conducting a new marriage contract and paying new mahr [dowry].
• Forms of irrevocable divorce
There are four states of divorce which are attached to irrevocable divorce as they share the fact of the impermissibility of the husband to return back his wife in marriage without her prior consent and without a new marriage contract and new mahr.
1- (al- Ibraa): This case occurs when the husband divorces the wife in return for him being relieved of any financial post-divorce commitment.
2- (Khul’): She waives all her rights after getting divorced and return to him the mahr.
3- If the wife obtained a divorce verdict through a judge with a court order, then it is impermissible for the husband to return her back without a new marriage contract.
4- If the wife is divorced before the consummation of marriage, it is impermissible for the husband to return her back except with her consent and with a new marriage contract and a new mahr.
• Types of irrevocable divorce
- Minor irrevocable divorce: This is effected by the husband saying the divorce statement once or twice. He can take back his wife during the idda [waiting period]. But once the idda (waiting period) is over, it is impermissible to take the wife back without her consent and without a new marriage contract and a new mahr.
- Major irrevocable divorce: This is effected after the third pronouncement of divorce after which the wife becomes unlawful for her husband until she marries another man with the intention of a lasting relationship then if she gets a divorce from her second husband or her husband dies, she is allowed to take her first husband back if they agreed on it.

 

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