KSLU Corner™ New AIBE previous QP

talaq

Arabic/Persian · ta-LAAK · Family and succession

Meaning. Divorce by the unilateral pronouncement of a Muslim husband.

Under Muslim personal law, a husband of sound mind who has attained puberty may dissolve the marriage by pronouncing talaq. Talaq may be talaq-ul-sunnat (approved forms: talaq-e-ahsan and talaq-e-hasan), which are revocable during a waiting period and allow reconciliation, or talaq-ul-biddat (instant, irrevocable triple talaq), which is now void and an offence.

In Shamim Ara, the Supreme Court held that talaq must be for a reasonable cause and be preceded by attempts at reconciliation by arbiters; a bare plea in a written statement that talaq was given earlier does not prove it. The wife may also seek divorce through khula, mubarat, delegated talaq, or the Dissolution of Muslim Marriages Act, 1939.

Example

A mere statement in the husband's reply to the maintenance petition that he had given talaq years earlier did not dissolve the marriage.

In Indian law

See also

talaq-e-ahsan · talaq-e-hasan · talaq-e-biddat · khula

Read more in the study notes

← Back to the dictionary