Wednesday, May 29, 2024

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AHSAN & HASAN TALAQ

Write a short note on Ahsan and Hasan Talaq

In Muslim religion, marriage is a socio- religious activity. It is religious activity because at the time of solemnization of marriage, some holy paras from Quran recited by Kazi and it is also a social activity because it helps the society in continuation by adding a unit into it. It allows the parties to procreate a legitimate child. But, to a considerable extent, it is contractual in nature because in Muslim Religion, to solemnize valid marriage, parties have to fulfil certain conditions which are also required to be fulfilled to make a valid contract and like a contract, marriage in Muslim religion can also be dissolved by the parties. Even Muslim religion was the first religion which introduced the concept of divorce and according to Muslim religion, husband has vast powers to dissolve the marriage by giving divorce to his wife. Muslim law provides various modes of Talaq and husband can pronounce divorce by any of the modes. Out of various modes of talaq, Talaq-ul- Sunnat is a very prominent and is effected in accordance with the traditions of Prophet Mohammed. It has been further subdivided into:- 1. Ahsan Talaq 2. Hasan Talaq

โ€ข Ahsan Talaq:- In Muslim religion, the basic meaning of a Ahsan is a best, very proper. This mode of the talaq is the most appropriate mode of Talaq and it is best kind of talaq. But if a husband wants to pronounce the Talaq through this mode then he has to fulfil certain conditions and these conditions are as follows:-

(a) He has to pronounce the divorce in a single sentence (b) He has to pronounce it in the state of tuhr i.e. when women is not undergoing through the menstruation course. In Muslim religion, tuhr is a period when a woman is free from her menstrual course. (c) He has to abstain from intercourse for the period of iddat If the husband fulfils all these conditions then only divorce is effected through this mode. According to Muslim religion, if a divorce is pronounced in ahsan form, that is revocable during iddat period and either expressly or impliedly husband can revoke the divorce. Cohabitation with wife is an implied revocation of a Talaq. But after the expiry of iddat period, divorce becomes irrevocable.

โ€ข Hasan Talaq:- In Muslim Religion, Hasan means good or proper. After Ahsan form of divorce, it is the most appropriate form of divorce and if a husband wants to pronounce the divorce through this mode then he has to fulfill certain conditions which are given below:-

(a) He has to pronounce the divorce three times successively (b) If wife is subject to menstruation period, then first pronouncement should be made during the period of tuhr, second during next tuhr and third during the succeeding tuhr (c) In case of non- menstruating wife, the pronouncement should be made during the successive interval of 30 days (d) There should not any sexual intercourse during this period. If all these conditions are fulfilled by husband then only the divorce through this mode is effected in Muslim religion and according to Muslim religion, after the third pronouncement, divorce becomes irrevocable and after this, it cannot be revoked.

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