OBSERVATION

This was a fairly popular question. Only a few of the candidates got it right while a large number of them discussed the type of Ṭalāq as aspect of its validity. The candidates performance was below average. To score high mark, the candidates are requested to explain as follows:

Aṭ –Ṭalāq means setting free. Technically, it means separation of a wife from her husband. (Introduction)
The following are conditions for the validity of aṭ-Ṭalāq (divorce) in Islam.

• The husband who is pronouncing Ṭalāq (divorce) must be a Muslim.
• He must be matured and not coerced.
• He must be of sound mind.
• He should have his own discretion (Mukhtār).
• The wife must have been married in accordance with the rules of Islam.
• She should not be in the menstrual period.
• She should not be in a state of post-natal bleeding.
• Thus she should be in a state of purity.
• The pronouncement of ṭalāq cannot be made more than once or twice to give room for reconciliation. This is known as ṭalāq raj'i.
• The divorce that is pronounced once or twice is a revocable divorce.
• The intention to divorce must be clear, and can be indicated orally, in clear signs or in writing.
• Each statement of divorce must have at least two witnesses.
• After the pronouncement the woman must not be ejected but allowed to observe her ‘Iddatut-Ṭalāq.

Divorce could be either:

• (a) Sarīb- the direct way of divorcing a wife e.g. ‘ I divorce you’
• (b) Kināyah – the indirect expression way of divorcing a wife e.g. “You are free to go away from me”.
• If reconciliation is not achieved during the ‘Iddah period, Ṭalāq must be approved in the presence of two witnesses.
• The ‘Iddah is three periods for regularly menstruating women (Q2:228) three months for women not regularly menstruating (Q65:4) and up to the time of child birth for a pregnant woman (Q65:4).
• During the ‘Iddah period the husband must maintain her feeding, accommodation, care etc.