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Talaq or not talaq

On the BBC website (5 April 2017) there was a distressing article which was discussing a practice, among a small discreet group of Muslims, the practice of Halala.

As part of that discussion, the article discussed that some sections of the Muslim community believe they can divorce by the male partner saying “talaq talaq talaq”.  This can be delivered directly or, the website suggests, by text.

Ignoring the rather sensational tones of the article itself (link below) what does need to be stressed is, whatever the religious persuasion of the parties, divorce is also a legal construct and simply issuing an oral or written “talaq” will not impact on the legal validity to a marriage.

If a marriage has been conducted by an Islamic service only and a civil procedure has not been engaged upon; then it may well be the case that saying “talaq talaq talaq” is a method of divorce.  I am not an Islamic scholar and cannot comment.  Conversely if a civil service has taken place, then the uttering of ‘talaq’ three times has no legal impact (on this I am certainly able to comment).

The parties still need to issue a petition, based on the five factors of divorce recognised by the Courts (adultery, unreasonable behaviour, two years separation by consent, five years separation, desertion) as well as undergoing the correct legal procedure to separate the parties’ financial affairs justly.

If you want to discuss whether you need a civil divorce, as opposed to a religious divorce,   I can help you.

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