Re: Different Kinds OF TALAAQ????
A woman cannot give ‘Talaq’ - because ‘Talaq’ is a Arabic word used for divorce, when a man gives to a woman - husband gives to a wife - but a woman can divorce. There are 5 types of divorce, in Islam - The first type is by unilateral… by unilateral agreement, between the husband and wife - Both may say… ‘Okay, we are not compatible… let us part’. The second type, is by the unilateral will of the husband, that is called a ‘Talaq’, in which, he has to forgo his* ‘Meher’. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her. Third type, is by the unilateral will of the wife - I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her *Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it - It is call as ‘Isma’. I have never heard of anyone speaking of an ‘Isma’ - It is called as ‘Isma’ - Even a woman can give divorce, ‘Isma’. Third category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi, and nullify the marriage - It is called as ‘Nikah-e-Fask’. In this, according to the* Kazi*, he may ask the husband to give the full ‘Meher’, or part of the ‘Meher’, depending upon the Kazi. And the last is ‘Kulah’- that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband - she has… she can request the husband, to divorce her - and that is called as * ‘Kulah’.* But very few people talk about women giving divorce, to the men. Some of the Ulemas have categorized these 5 types of divorce, into 2 or 3 different categories, but broadly there are 5 types of divorce, in Islam. Hope that answers the question.
It is not compulsory for the husband to take the permission of the first wife, before marrying, because Qur’an says... ‘The only reason… the only condition, for a person in which he can take more than one wife, is… he should be just, between his wives’ - but it is preferable, that he takes the permission. And it is his duty, to inform his first wife that he is marrying, because Islam says... ‘If you have more than one wife, you have to do justice’. And if the permission is given by the first wife, but natural… but natural there will be more cordial relationship between the husband, and both the wives. But it is not compulsory, except in one condition… except in one condition, if the wife mentions in her marriage contract, that…‘I do not want you to take any other wife, as long as I am there’ - Then it becomes compulsory for the husband, to take the permission of the wife, before marrying – Otherwise, in all other cases it is not compulsory… it is preferable.
Dr Zakir Naik