Friday, November 19, 2010

Classification of Talak

There are some kinds of talak, and each talak has different consequence.
According to the number, talak is divided into:
1) Talak Raj’i : talak that fallen once or 2 times (talak 1 and talak 2).
Consequence of talak Raj’i: husband has probability to make peace with wife. Mean, husband and wife can back as family (rujuk). Example, talak 2 that fallen to wife without paid iwadl

2) Talak Ba’in Shughraa (small Ba’in talak), is talak that forbidden to rujuk, but may make new akad nikah although ex-wife in iddah period.
Talak Ba’in Shughraa consists of:
  • Talak 1 or talak 2 that fallen to wife whom has been never mixed (qobla al dukhul),
  • talak 1 or talak2 by khuluk. Khuluk is divorce that happen because of wife’s request and wife give ransom (iwadl) for husband. And amount of ransom is based on husband’s agreement,
  • Talak that fallen by Religious Court.
3) Talak Ba’in Kubraa (big ba’in): talak that happen in 3 times. After talak ba’in kubraa is fallen, husband and wife can’t rujuk and can’t marry again, except there is certain requirement.
Certain requiremet is:
  • ex-wife had married with other man and then divorced ba’da al dukhul (husband-wife relation is accured),
  • and she passed her iddah period.

Except those classifications, there are still talak sunny and talak bid’i.
Talak Sunny is talak that permitted. That is talak that fallen when wife in her holly period (not in menstruation condition), and she is not mixed by her husband in the pure period.
Talak bid’i is talak that forbidden. That is talak that occur when wife in menstruation condition, or wife in pure condition but she has been mixed by her husband in the period. So it possible that wife pregnant.


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