Perbedaan Talak, Khulu dan Fasakh | Buya Yahya Menjawab

Summary

This video discusses various aspects of Islamic divorce laws, including different types of divorce such as talak (divorce by the husband), khulu' (divorce initiated by the wife), and fasakh (annulment by a judge). The speaker explains the concept of iddah (waiting period) following a divorce and how it is calculated based on different circumstances. The speaker also clarifies the implications of multiple divorces within the iddah period, offering insights into Islamic jurisprudence regarding divorce. Ultimately, the message emphasizes that while divorce is permitted in Islam as a last resort, it should be handled with care and for the sake of the well-being of all parties involved.

Takeaways

• 😀 Khulu' is a divorce initiated by the wife, where she compensates the husband, usually in the form of returning the dowry (mahr).
• 😀 Fasakh is an annulment of marriage, typically decided by a judge due to certain conditions like the discovery of faults or issues in the marriage.
• 😀 Talaq refers to divorce initiated by the husband, and a woman cannot divorce herself unless through khulu'.
• 😀 Iddah is the waiting period a woman must undergo after a divorce, during which she cannot remarry. This period is determined by whether she is pregnant or not.
• 😀 If the woman is pregnant, her iddah lasts until she gives birth. If not, the iddah is three menstrual cycles (or three months).
• 😀 In cases of talaq, if the husband divorces the wife once and then again during the iddah period, both instances count as separate talaqs.
• 😀 Fasakh does not count toward the total number of talaqs, as it is an annulment and not a regular divorce.
• 😀 The iddah period is a means of determining whether the woman is pregnant and serves as a form of protection for both parties before remarriage.
• 😀 There are different views regarding whether khulu' reduces the talaq count; some scholars say it does, while others argue it does not.
• 😀 Talaq can be pronounced in multiple instances during the iddah period, but the woman can only be divorced three times in total according to Islamic law.
• 😀 The speaker emphasizes that divorce should be seen as a last resort in a marriage, and while Islam does not prefer divorce, it is allowed as a solution in certain circumstances.

Q & A

What is the difference between 'iddah' and 'khul' in Islamic divorce?

'Iddah' is the waiting period a woman must observe after a divorce or the death of her husband. It is primarily meant to confirm if she is pregnant or not and to give time for reconciliation. 'Khul' is a form of divorce initiated by the wife, where she compensates the husband, usually by returning the mahr (dowry), in exchange for the divorce.

What is the role of the judge (hakim) in the process of divorce?

A judge (hakim) plays a crucial role in 'fasakh' (annulment) of marriage, which is when the marriage is dissolved due to reasons like harm or a serious defect in the marriage, often without the husband's consent. The judge decides whether the marriage should be annulled based on legal and religious grounds.

How is the waiting period (iddah) calculated after 'talak' (divorce)?

The iddah period for a woman who is not pregnant is typically three menstrual cycles (three suci). If the woman is pregnant, the iddah lasts until she gives birth. The iddah period is a time when the woman is not allowed to remarry, and during this period, she is considered to still be married in the eyes of the law.

What is the significance of the concept of 'fasakh' in Islamic law?

'Fasakh' is a judicial annulment of a marriage, typically granted by a court or a judge due to factors like harm, incapacity, or defect that makes the marriage invalid. It does not count as a regular 'talak' and does not affect the number of divorces a man can give his wife.

Does the number of 'talak' (divorces) a man pronounces affect the iddah period?

The number of 'talak' pronounced by a husband does not directly change the duration of the iddah period. The iddah is calculated based on the woman's menstrual cycles or pregnancy status, regardless of the number of divorces given. However, if a man pronounces 'talak' more than once, the divorce count is affected, with a maximum of three divorces allowed.

What happens if a woman receives a second 'talak' during her iddah period?

If a woman receives a second 'talak' during her iddah period, it counts as two divorces. During this period, the woman is still considered married, and the second 'talak' adds to the total count of divorces. Once the iddah is over, she may remarry, but the total number of divorces will be counted.

Is the divorce granted through 'khul' counted as one of the three 'talaks'?

No, divorce granted through 'khul' is not counted as one of the three 'talaks'. 'Khul' is a separate process where the wife initiates the divorce by offering compensation, such as returning her mahr (dowry), and it is not counted as a regular divorce in the talaq system.

What happens if a woman is in her 'iddah' and the husband pronounces another 'talak'?

If the husband pronounces another 'talak' while the woman is in her 'iddah', it is considered a valid divorce and counts towards the total number of divorces. During the 'iddah', the wife remains in a state of waiting, and the divorce is recognized, with the total count affecting future marital options.

How is 'khul' different from regular divorce ('talak') in terms of legal procedures?

'Khul' differs from regular divorce because it is initiated by the wife, who seeks to dissolve the marriage by offering compensation to the husband. The wife must pay a form of compensation, typically the mahr (dowry), in exchange for the divorce. Unlike regular 'talak', which is declared by the husband, 'khul' requires the husband's consent to accept the payment and dissolve the marriage.

Why is divorce in Islam considered a last resort?

Divorce in Islam is considered a last resort because marriage is a sacred bond meant to be preserved and nurtured. Islam encourages reconciliation and patience before divorce is pursued. However, when all efforts to maintain the marriage fail, divorce is allowed as a solution to ensure that both parties are not trapped in a harmful or dysfunctional relationship.