Miscellaneous rules regarding Divorce

2545. If a man had sexual intercourse with a non - Mahram woman under the impression that she was his wife, the woman should observe ‘Iddah, irrespective of whether she knew that the man was not her husband or thought that perhaps he was her husband.

Mubarat divorce

2540. If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called ‘Mubarat’.

2541. If the husband wishes to pronounce the formula of Mubarat, and for example, his wife’s name is Fatima he should say:

“Baara’tu Zawjati Fatimata ‘Ala Ma Bazalat Fahiya Taliq”,

Khula’ divorce or Talaqul Khula’

2537. The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula’ Divorce.

2538. If the husband himself wishes to pronounce the formula of Khula’ divorce and his wife’s name is, say, Fatima, he should say after receiving the property:

“Zawjati Fatimatu Khala’tuha ‘Ala Ma Bazalat Hiya Taliq”

Irrevocable (Baa’in) and revocable (Rij’e) divorce

2531. Irrevocable (Baa’in) divorce means that after the divorce, the husband is not entitled to take back his wife, that is, he is not entitled to take her as his wife without Nikah. This divorce is of five kinds, namely:

‘Iddah of Divorce

2519. A wife who is under nine and who is in her menopause will not be required to observe any waiting period or ‘Iddah. It means that, even if the husband has had sexual intercourse with her, she can remarry immediately after being divorced.

Divorce

2507. A man who divorces his wife must be adult and sane, and he should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.