Talak

Talak (thalaq) is husband’s confession in front of session of Raligious Court that become one of reasons of breaking of marriage.

Islamic law stipulates that right to fall talak exist on husband. Why? It’s based on consideration:

• a man usually thinks clearly before act,
• consequences of talak is burdened on husband.

Consequences of talak

If marriage is broken because of talak, so ex-husband has obligations:

• To give proper mut’ah to ex-wife, except the ex-wife is qobla al dukhul (has been never touched during marriage). Mut’ah is a gift from ex-husband to ex-wife whom is fallen talak. Form of mut’ah: goods or money or other that can make ex-wife pleasure.

• To give living cost to ex-wife during iddah period, except the ex-wife has been fallen talak bain or nusyuz (disobey) and not pregnant. Iddah is period that ex-wife can not marry again after her divorce.
• Paid all mahar debt, or paid ½ of mahar debt if qobla al dukhul
• Give hadhanah fee to his children whom under 21 years old. Hadhanah is cost to care and educate children.

Validity of Talak

Talak that fallen is lawful as long as fulfil certain requirements. The requirements are:

• Someone that fall talak must baligh, has sound of mind, and no coercion
• Existance of sighat (clear statement). Sighat can be said by: clear words and can be understood (sharih), satirical words (kinayah)
• Must be talked in front of 2 witnesses. The witnesses must male and fair.

Figure of Talak

Number of talak is 3 (3 times). Each talak must be fallen step by step. Why? In order that husband has chance to think clearly, divorce or not.