Please can you advise me at the correct way a talaq should be done?
Muhtaram ,
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
Nikah is a sacred institution in Shariah, which has to be upheld and respected. It should not be broken without a valid reason. Every marriage will have some ups and downs. The husband and wife should try to sort out their problems between themselves. If it cannot be resolved in this way, they should seek the assistance of an outsider and go for counseling. If the problems are still not resolved through counseling, they should then appoint someone on behalf of each other who will try to assist the spouses in resolving the differences. However, should no solution be found and the spouses cannot come to an agreement and both the spouses are violating the rights of each other, then they should separate and the husband should issue a divorce. The most appropriate way to give Talaaq is the husband should mention one Talaaq-e-raj’ee (explicit talaaq i.e.I divorce you) whilst the wife is not in menstruation. In that period the husband should not share the bed with the wife. (Hidayah, vol 2, chapter of Talaaq, pg 373) It is advisable that two people witness the Talaaq.
And Allah knows best
Wassalam
Ml. Ya’qoob Dadabhai,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah