Talaknama Shart - Page 5

But million dollar question is what CVs wanna say with all these. They are just messing up and converting the situation into a spider-web.😕

Definitions:

Nikah - The Muslim contract of marriage;

Mahr - prescribed amount (cash/kind, immediate or deferred) given by the bridegroom to the bride in consideration of the marriage;

Witness - two adult witnesses of good character;

Ijab/Qabul - formal marriage proposal and acceptance;

Husband/wife - bridegroom/bride after marriage contract;

Talaq al-tafwid - delegation of the husband's power of talaq (divorce) to the wife.

Preamble to Contract:

The marriage agreement involves some obligations and rights toward each other sanctified by Allah and His messenger, Muhammad (peace and blessings be upon him). Fulfilling the terms of this contract is a religious obligation and duty rewarded in this world and hereafter. Violation of these agreed terms constitutes a sin.

Apart from a formal contractual obligation marriage is also a relationship between two human beings, a man and a woman, that is ideally based on love, mercy and kindness. The partners are therefore expected to base their behaviour not just on legal rights and duties but on the spirit of goodwill, generosity, consideration and sympathy, taking into account each other's individual likes and dislikes. They are expected to conduct all family affairs through mutual consultation in the spirit of giving more than less (Q: 83 : 1-3).

All the rights and obligations expressed or implied hereunder are according to the Shariah derived from the Qur'an, Sunnah, Qiyas and Ijma as codified by prominent Muslim Jurists. Since a marriage contract is a social contract entered into willingly, it recognises and upholds all prevailing social norms, etiquettes and local customs (implicit or explicit), including the law of the land, which are not in direct contradiction of the Shari

sharahi is the term used when we have to say "according to shariah" or "as per shariah"

talaq is something most hated by the Almighty. and talaq happens if said three times by a husband, you dont have to have documentation. but it is done for the legal purposes such as inheritance, children custody etc.

if the marriage has been consumated then the women has to spend 3months and 10 days as "Iddat" during which she cannot get married. but if the marriage was not consummated then she doesnot have to do her Iddat. "Iddat" is done for the reason to make sure she is not pregnant, if she is pregnant then her iddat is until the child birth, this is done to make sure of her pregnancy. because if she marries straight away and didnt know about her pregnancy then it will be difficult to know who the father is the first husband or the second one. which means to safeguard a child's right upon his father.

talaq itself is a long topic and also a very delicate one. and what i have mentioned is just basic knowledge about talaq.

You guys are right, the man has to say he gives his wife Talaq three times, but it can not be at the same time or in a row. It has to be in different periods, and also the divorce does not go through right away, there is a 6-9 month wait period and you need to go to a higher representative in the Islamic community like the Imam/Qazi. Over time, the rules of nikkah and talaq have changed a lot, and even now there are debates by many scholars on these topics. This is because many people can just say talaq out of anger or spite, and hence the 6-9 month (some people say its 6 and some say it's actually 9) is given because Allah says that divorce should be the last option both couple should go to. That period is given so the couple can work out whatever problems they have and etc.