Types of divorce based on the time of fall

Based on the time of the fall, divorce was divided by the contemporary jurisprudence scholars — one of them was Sheikh Wahbah al-Zuhaili — into three: munajjaz, mudhaf, and mu'allaq.

ينقسم الطلاق بالنظر إلى الصيغة من حيث اشتمالها على التعليق على أمر مستقبل أو الإضافة إلى زمن في المستقبل وعدم اشتمالها على التعليق إلى ثلاثة أنواع: منجز, ومعلق, ومضاف

"Judging from the content of the sighat of ta'liq for future cases, reliance on future time, and the absence of ta'liq content, divorce is divided into munajjaz, mu'allaq, and mudhaf" (Syekh al-Zuhaili, al -Fiqh al-Islami wa Adillatuhu, [Darul Fikr: Damascus] volume 9, p. 6966).

Types of divorce based on the time of fall

First, the divorce of munajjaz or mu‘ajjal, that is, the divorce that falls when the shighat is pronounced. For example, a husband's words to his wife, "You have been barred," or "You have been barred." Such an expression results in the fall of divorce at the same time as long as the husband who utters is considered a person who is considered legitimate to drop divorce, and the wife who is barred is among those who are legally granted divorce.

Secondly, divorce mudhaf is divorce which is based on achieving in the future. As the husband says to his wife, "You are stunned tomorrow, or at the beginning of Ramadan, or at the beginning of next year."

The phrase "You broke up at the beginning of the month of Ramadan," for example. So, starting from the setting of the sun on the last day of the month of Sya‘ban, the husband's divorce fell on his wife, not since he said it.

It is different if the divorce is relied on in the past, such as "You were caught yesterday," then the divorce became munajjaz divorce. It means that divorce has fallen since it was said, because it is impossible to lean on something in the past, except if the purpose of the words is to inform.

Likewise the husband's expression, "Thou wilted before my death," then the divorce became munajjaz. That is, divorce falls at the time of speech because before death entirely is the time to drop divorce.

Third, divorce mu‘allaq, divorce parole, or better known as "divorce ta‘liq". Divorce ta‘liq is divorce which depends on a case in the future. Usually use words if, if, at any time, and the like. For example the expression of a husband to his wife, "If you enter this man's house again, you will be caught up. Or, "If you go to your brother's house, you are caught up." Or, "If you leave the house without my permission, you are caught up." Or, "Whenever you chat with this person, my divorce will fall on you."

الطلاق المعلق هو ما رتب وقوعه على حصول أمر في المستقبل, بأداة من أدوات الشرط أي التعليق, مثل إن, وإذا, ومتى, ولو ونحوها, كأن يقول الرجل لزوجته: إن دخلت دار فلان فأنت طالق, أو إذا سافرت إلى بلدك فأنت طالق, أو إن خرجت من المنزل بغير إذني فأنتي طالق ، أو متى كلمت فلاناً فأنت طالق.

"Divorce mu‘allaq is divorce which is determined by the fall in the event of a case in the future. Usually marked with conditional words as ta‘liq, as if, whenever, at any time, and the like. For example the expression of a husband to his wife, "If you enter the house of the Fulan, then you [have] been defeated." Or, "If you go to your country, you are caught up." Or, "If you leave the house without my permission, you are caught up." Or, "Whenever you talk to the fulan, you're caught up." (See: Sheikh al-Zuhaili, al-Fiqh al-Islami wa Adillatuhu, [Darul Fikr: Damascus] volume 9, p. 6968).

Such is the explanation of various types of divorce based on the time of fall. May be useful.

Allah knows best.

Ustadz M. Tatam Wijaya, PP Raudhatul Hafizhiyyah Sukaraja-Sukabumi Alumni, Caregiver of Taklim Assembly "Syubbanul Muttaqin" Sukanagara-Cianjur, West Java.

Source: https://islam.nu.or.id