Triple Talaq: Differences in the Laws of Divorce One, Two, and Three

Triple Talaq

Every married couple certainly wants their household to run harmoniously and last until death. However, often problems that occur between couples become one of the causes of household rifts. In fact, not a few who ended up ending their marriage with triple talaq.

In Islam, divorce is known as talaq. Namely the termination of marriage bonds for certain reasons that make it no longer possible for husband and wife to continue married life. Muslims must have heard that the law of divorce is divided into three.parts, namely divorce one, divorce two, and divorce three. In order not to be misunderstood, I will describe the meaning of Talak and law of divorce in Islam.

The meaning of Talaq and its types

Linguistically, talaq means breaking the bond. In other words, talak is severing the relationship between husband and wife from a legal marriage bond according to religious law. However, Islam also allows for reconciliation after the husband has divorced his wife, but with some notes.

Actually, divorce is the right of the husband, meaning that the wife cannot break away from the marriage bond if it is not imposed by the husband. Even so, the husband is also not justified in using his rights arbitrarily and rashly in deciding triple talaq. Especially if he only follows his lust. Divorce is also not a joke. When the husband pronounces divorce absolutely, even though the condition is joking, then the divorce still falls on the wife.  

Divorce one and divorce two

The law of divorce one and divorce two has been explained in the Qur’an Surah al-Baqarah verse 229, which reads:

ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَـٰٓئِكَ هُمُ ٱلظَّـٰلِمُونَ ٢٢٩

Meaning

Divorce may be retracted twice. Then the husband must retain ˹his wife˺ with honour or separate ˹from her˺ with grace. It is not lawful for husbands to take back anything of the dowry given to their wives, unless the couple fears not being able to keep within the limits of Allah. So if you fear they will not be able to keep within the limits of Allah, there is no blame if the wife compensates the husband to obtain divorce. These are the limits set by Allah, so do not transgress them. And whoever transgresses the limits of Allah, they are the ˹true˺ wrongdoers.

In other words, the divorce that is allowed to reconcile and return to being husband and wife can only be done 2 times. So, if the husband drops one divorce or two divorces. Then he and his wife can still reconcile, as long as the wife is still in the iddah period. However, if the iddah period has expired. Then it is no longer allowed to refer back. If you want to get back together. Then you have to do the marriage Nikkah. This first divorce and second divorce is known as Raji divorce.

Iddah Time

Now, what is meant by the iddah period ? It is a waiting period in which a woman who has been divorced by her husband. her husband died or was divorced while her husband was still alive, refrains from marrying another man. The period of iddah for women varies, depending on their respective conditions.

The iddah period has many benefits, you know. One of them provides an opportunity for husbands who have dropped one and two divorces to reconcile with their wives.  

Triple Talaq

The law of Tripple Talaq has been explained in the Quran surah al-Baqarah verse 230, which reads:

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍۢ يَعْلَمُونَ ٢٣٠

“So if a husband divorces his wife ˹three times. Then it is not lawful for him to remarry her until after she has married another man and then is divorced. Then it is permissible for them to reunite. As long as they feel they are able to maintain the limits of Allah. These are the limits set by Allah, which He makes clear for people of knowledge”.

The point is that when the husband has given the Triple Talaq to his wife. Then the husband is not allowed to reconcile with his wife. Both of them can remarry on the condition that the wife has remarried another man and has lived the life of husband and wife, then divorced.

If the iddah period has expired, then the first husband can marry his wife again with a new marriage contract. This triple divorce is known as talak ba’in kubraa. But keep in mind, this marriage should not be done by manipulation. For example, there is a condition where the husband first pays a man to marry his ex-wife and then divorces her. With the intention that he can remarry her ex-wife, then this is not justified in Islamic law.  

Types of Talaq

After knowing the meaning of Triple Talaq. Now I will discuss the types of Talaq. As it is known, divorce consists of various types, namely based on his words and seen from the perpetrator.

Divorce according to his words

When viewed based on the pronunciation or speech. The Talaq is divided into 2 types, namely sharih divorce and kinayah divorce . Here’s the explanation:

Shariah divorce (direct divorce)

This is a divorce that is pronounced by a husband to his wife with a clear pronunciation or speech. For example, such as the sentence “I divorce you”. Even though this divorce is said without any intention or in a joking condition. The husband is still considered to have given the divorce to his wife.

Divorce Kinayah (indirect divorce) 

The meaning is Talaq spoken by the husband with indirect words. But actually contains the meaning of divorce. The word divorce can fall if accompanied by intention. For example, a husband who says to his wife “Go back to your parents’ house”. If the sentence means satire accompanied by the intention to divorce his wife. Then divorce falls. But if there is no intention, then there is no divorce.

Other Types of Talaq

Although divorce is the right of the husband. The wife can also file for divorce from her husband. Judging from the perpetrator, divorce is divided into several other types.

Talak Raji 

A divorce in which the husband pronounces divorce one or two divorces to his wife. The husband may reconcile with his wife, as long as the wife is still in the iddah period. However, if the iddah period has expired, then it is no longer allowed to refer back. If you want to get back together, then you have to do the marriage contract again. 

Talak Bain

It is a type of divorce in which the husband pronounces triple Talaq ti his wife. In this case, the husband is not allowed to reconcile with his wife. The husband can remarry his wife on the condition that the wife has remarried to someone else. Then divorced. If the iddah period has expired, then the first husband can marry his wife again with a new Nikkah. 

Talak Sunni

In this divorce the husband drops Talaq when his wife is in a holy condition from menstruation and has not had intercourse. If the wife is menstruating. Then she must wait until her wife is pure and during that holy period they do not have sexual relations. 

Divorce  Bidi

In this case husband divorce when his wife is menstruating or in a holy condition. But before they have had husband and wife relations. This kind of divorce is not allowed in Islam and the perpetrator is a sinner. 

Fasakh 

Namely the filing of a divorce by the wife to her husband without any compensation given by the wife to the husband. Fasakh can be done if the husband has violated his obligations in the household. For example, not providing a good or mental support to his wife for 6 consecutive months. leaving his wife for 4 years without news, or the husband has behaved badly and threatens the safety of his wife.

Khula 

That is the divorce process at the request of the wife. And the husband agrees to this on the condition that the wife gives compensation to her husband. In this way, the husband’s right to reconcile is lost as long as his wife is in the iddah period. If you want to get back together, then the Nikkah process must be done again. 

Final Words

That is a complete explanation of the law for tripple Talaq in Islam. Although couples are still allowed to reconcile after the husband has handed down the first and second divorces to his wife. That doesn’t mean divorce is considered a joke.