What Nullifies Talaq?

Introduction

The most contentious issue in India right now is the issue of triple talaq in Islam, which the

Hon'ble Supreme Court of India is devoting its precious and valuable time to address in order

to protect the rights of Indian Muslim women from this so-called social evil. It is important to

note that the Holy Book of Quran is the main source of Islamic Law, and every Muslim

believes that it contains nothing that can be considered a social evil because it is a book not

written by a human being but a revelation from God for the benefit of all mankind. Muslims

believe that God revealed the Quran to Muhammad verbally through an angel Gabriel. As a

result, it is necessary to reveal what the holy book Quran has to say about Talaq.

Talaq/divorce is considered an unforgivable sin in the eyes of Allah, and it is clear from the

Quran that Allah discourages divorce and encourages marriage continuation. If it becomes

impossible to resolve disputes between the husband and wife, the Holy Quran specifies the

procedure to be followed for the amicable dissolution of marriage, as well as the possibility

of revocation of the same.

Meaning of Talaq

TALAQ is a noun derived from the Arabic verb talaaq. Which means "to untangle" or "to set

free." Technically, talaaq gives a Muslim husband the unilateral power to divorce his wife

whenever he wants. "Repudiation" or "divorce" are common translations of the term talaq. It

refers to the husband's right to dissolve the marriage by simply announcing to his wife that he

repudiates the marriage.

When talaq is null and void?

There are some rules that must be followed, and if they are not, the divorce will be declared

null and void:

1) The husband's motives -

It is a requirement that the man who divorces his wife be sane, and an additional requirement

is that he be mature and that his divorce be voluntary. As a result, the forced divorce is null

and void. He should take his intentions very seriously.

2) How to Divorce Properly -

The Seeghah of divorce must be performed in proper Arabic, and two men must hear it.

When the husband expresses his desire to divorce, he states the Seeghah of divorce and his

wife's name.

3) Condition of a woman -

It is a requirement that the woman is free of menstruation and afterbirth bleeding at the time

of her divorce, and that her husband has not had intercourse with her during that time.

According to precaution, if he had intercourse with her during menstruation or afterbirth

bleeding prior to this period of purity, the divorce is insufficient. Rather, he must wait until

she starts menstruating.

4) Divorcing transient women -

A temporary wife does not get divorced; instead, she exits the marriage when the agreed-

upon period expires or he grants her the remainder of the temporary marriage. Her month-of-

the-month purity is not conditional, and there is no need to summon witnesses.

5) Divorce in Mubaara'ah -

Mubaara'ah divorce occurs when the husband and wife dislike each other and the wife offers

her dowry or other property in exchange for the man's divorce.

Case Law

The Madras High Court's Madurai Bench has upheld a subordinate court's order nullifying a

Talaq notice for failing to meet the above requirements. The order was issued by Justice J

Nisha Banu, who also allowed a second appeal filed by Nazeeyma of Theni. In her appeal,

Nazeeyma challenged a decree issued by an Additional District and Sessions Judge in Theni,

reversing the Theni Subordinate Court's nullification of her husband Mydeen Batcha's Talaq

notice. Judge Observed that Talaq must be for a good reason and must be preceded by two

arbiters attempting to reconcile the husband and wife. She ruled that Talaq was not legally

pronounced in the case because no evidence was presented to show that the conditions were

met.

Conclusion

Divorce is a negative thing that should be avoided as much as possible. However, when the

parties to a marriage are unable to continue their union with mutual affection and love, it is

preferable to allow them to be separated than to force them to live together in an atmosphere

of hatred and dissatisfaction. Regardless, The correct Talaq law, as ordained by the Holy

Quran, is that Talaq must be for a reasonable reason and must be preceded by two arbiters

attempting to reconcile the husband and wife; if the attempts fail, the Talaq may be carried

out. So, we've gone over a few key points that could nullify talaq, but we hope you'll never

need it and can continue to live a happy married life.

References

 https://www.parhlo.com/what-makes-divorce-invalid-in-islam/

 http://www.legalservicesindia.com/article/2324/Talaq-Divorce-in-Islam.html

 https://core.ac.uk/download/pdf/234650383.pdf

 https://www.newindianexpress.com/states/tamil-nadu/2019/sep/24/order-nullifying-

talaq-notice-uphled-2038135.html