Brilio.net - In Islamic law, divorce is a process in which a husband ends a marriage with his wife. Divorce can occur for various reasons, either by mutual agreement or a unilateral decision from the husband. However, divorce is not a simple matter, and Islam provides rules and procedures that must be followed so that this divorce is valid and in accordance with sharia. This article will discuss in depth the various types of divorce in terms of how to impose it.
1. Talak raj'i (Talak that can be referred to)
Talaq Raj'i is the most common type of divorce in Islam and occurs when the husband pronounces a first or second divorce on his wife. In this type of divorce, the husband has the right to return to his wife without having to perform a new marriage contract, as long as the iddah (waiting period) has not ended.
How to overturn divorce raj'i :
- This divorce is imposed by a statement from the husband to his wife, either verbally or in writing, but it must be clear and firm.
- During the iddah period, a husband can reconcile by simply expressing his desire to return to his wife, without having to ask for his wife's permission.
- Talaq raj'i gives the couple time to reconsider their relationship, so that if reconciliation occurs, the marriage can be saved.
If the iddah period has expired and the husband has not reconciled, then the marriage is officially over, but the husband can still remarry his wife with a new contract.
2. Talak ba'in sughra (Talak that cannot be referred to as small)
Talak ba'in sughra is a divorce that does not allow the husband to return to his wife without a new marriage contract, but does not completely sever the relationship. This type of divorce occurs after the husband passes the first or second divorce, and the iddah period has expired.
How to impose talaq ba'in sughra :
- This divorce can also be imposed verbally or in writing.
- This divorce signifies that the husband and wife relationship has ended, but there is still an opportunity to remarry, on the condition that a new marriage contract is carried out.
In this case, even though the husband and wife cannot reconcile during the iddah period, they can still remarry after the iddah period is over.
3. Talak ba'in kubra (Talak that cannot be referred to is big)
Talak ba'in kubra, or better known as talak tiga , is a talak that completely breaks off the relationship between husband and wife. This talak occurs when the husband has pronounced talak for the third time. After talak ba'in kubra, the husband cannot remarry his wife unless his wife has married someone else and the marriage ends.
How to pronounce a ba'in kubra divorce :
- This divorce occurred after the husband pronounced divorce for the third time.
- Husband and wife cannot get back together, even if the iddah period has not expired. The marriage between them is truly over.
- If he wants to remarry, the husband must wait until his wife marries another man, and the marriage must end naturally (not artificially).
Talaq ba'in kubra is a form of divorce that is considered final in Islam, and is a reflection that the husband and wife relationship can no longer be maintained.
4. Sunni divorce
Sunni divorce is a divorce that is carried out in accordance with the provisions of Islamic law, especially regarding the time and method of its implementation. This divorce is carried out when the wife is in a state of purity, not menstruating, and not in the iddah period after intercourse.
How to impose Sunni divorce :
- The husband must ensure that his wife is in a state of purity (not menstruating or having postpartum bleeding).
- Divorce is pronounced when the wife is not pregnant or not in the iddah period.
- Sunni divorce is recommended because it takes into account the emotional and physical situation of the wife, thus avoiding hasty decisions.
5. Divorce by divorce
Bid'i divorce is a divorce that is not in accordance with Islamic law, both in terms of time and method. For example, a husband pronounces a divorce when his wife is menstruating, in postpartum, or after having sex.
How to impose divorce bid'i :
- This divorce is pronounced when the wife is in a condition that is not permitted according to sharia, such as during menstruation or after sexual intercourse.
- Even though bid'i divorce is considered valid, the husband will receive sin for not following the rules set out in Islam.
Bid'i divorce is highly discouraged because it violates the provisions of Islamic law which should be followed to maintain the honor and justice of the wife.
Divorce in Islam is regulated very clearly, both in terms of type and procedure. Raj'i divorce allows reconciliation during the iddah period, while ba'in sughra and ba'in kubra divorces differ in terms of the possibility of reconciliation after the iddah period. On the other hand, sunni divorce is a divorce that is in accordance with sharia rules, while bid'i divorce is considered to violate these provisions. A good understanding of divorce is essential so that the divorce process can be carried out in accordance with religious rules and provide the best opportunity for both parties to consider their decisions.