The Book ISLAMIC LAWS

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Divorce

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Irrevocable and revocable divorce

2531. Irrevocable 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:

  1. The divorce of a woman who has not completed nine years of age.
  2. The divorce of a woman who is in menopause.
  3. The divorce of a woman whose husband has not had sexual intercourse with her after their marriage.
  4. The third divorce of a woman who has been divorced three times.
  5. The divorce called Khul'a and Mubarat.
  6. The divorce by intervention of Mujtahid, in the case of a wife whose husband is neither prepared to maintain her nor to divorce her.

Rules pertaining to these kinds of divorces will be detailed later. Divorces other than these are revocable, in the sense that as long as the wife is observing Iddah her husband can take her back.

2532. When a person has given revocable divorce to his wife, it is haraam for him to expel her out of the house in which she was residing at the time of divorce. However, in certain cases, like, when she has committed fornication or adultery there is no harm in expelling her. Also, it is haraam for the wife to go out of the house unnecessarily, without her husband's permission.