Talaq (Divorce) in Islam: definition, Islamic attitude towards it, Types, Iddah and custody of the children

Subject: Islamic Religious Studies

Class: SS 3

Term: Second Term

Week: Week 5

Topic: Talaq (Divorce) in Islam: definition, Islamic attitude towards it, Types, Iddah and custody of the children

• Definition
• Islamic attitude towards it
• Types of Divorce in Islam
• Iddah
• Custody of the children after Divorce in Islamic way

Behavioural Objectives:

Objectives:

• To understand the definition of talaq in Islam
• To understand the Islamic attitude towards divorce
• To identify and differentiate between the types of divorce in Islam
• To understand the purpose and duration of Iddah in Islam
• To understand the principles of custody of children after divorce in Islam

Materials:

• Whiteboard and markers
• Handouts of relevant verses and teachings from the Quran and Hadith
• Computer and projector for multimedia presentations

Content:

Talaq (Divorce) in Islam:

Talaq, which means “divorce” in Arabic, is a legal process of dissolving a marriage in Islam. Divorce is considered a last resort and discouraged, but is allowed in certain circumstances when a marriage is no longer working.

In Islam, a husband has the right to initiate divorce by pronouncing talaq three times in front of witnesses, or in writing. There are also other forms of divorce, such as khula, which is initiated by the wife, and faskh, which is initiated by a judge due to specific reasons such as abuse or neglect.

It is important to note that divorce in Islam is a serious matter, and should not be taken lightly. The process of talaq involves careful consideration and communication between both parties, and attempts should be made to reconcile the marriage before resorting to divorce.

For example, if a couple is experiencing problems in their marriage, they should try to work through their issues by seeking counseling or mediation. If all efforts fail and the couple is unable to reconcile, only then should talaq be considered as a last resort.

Divorce in Islam is considered a necessary evil in certain circumstances, but should only be considered after all efforts at reconciliation have been exhausted.

Talaq (Divorce) in Islam: Islamic attitude towards it

In Islam, divorce is not encouraged, but it is allowed as a last resort when all other efforts to save the marriage have failed. The attitude towards divorce in Islam is one of caution and care, as it is considered a serious and life-altering decision.

Muslims believe that marriage is a sacred bond between a man and a woman, and divorce should not be taken lightly. However, Islam recognizes that sometimes, despite the best efforts of both parties, a marriage may not work out. In such cases, divorce is allowed as a means to end the suffering and seek a better future.

Islamic teachings emphasize the importance of treating one’s spouse with kindness, respect, and compassion, and making every effort to save the marriage. Muslims are encouraged to seek help from family, friends, and qualified professionals such as counselors and imams to resolve marital problems and avoid divorce.

For example, if a couple is experiencing marital problems, they should first try to resolve their issues through open communication, forgiveness, and patience. If that fails, they can seek help from a counselor or imam to mediate and find a solution. Only when all efforts to reconcile have failed, should talaq be considered.

Overall, the Islamic attitude towards divorce is one of caution and care. While it is allowed in certain circumstances, it should be considered a last resort, after all efforts to reconcile have been exhausted. Muslims are encouraged to treat their spouses with kindness and respect, and make every effort to preserve their marriage.

Talaq (Divorce) in Islam: Types of Divorce in Islam

There are three main types of divorce in Islam:

1. Talaq: This is the most common form of divorce, in which the husband initiates the divorce by pronouncing talaq three times in front of witnesses or in writing. The husband has the right to initiate the divorce in this way, but the wife also has the right to ask for a divorce through a process called khula.
2. Khula: This is a divorce initiated by the wife, in which she seeks the dissolution of the marriage due to reasons such as cruelty, abuse, neglect, or irreconcilable differences. The wife can initiate khula through a court or an Islamic judge.
3. Faskh: This is a divorce initiated by a judge or a court, due to specific reasons such as abuse, neglect, or incompatibility. This type of divorce is rare, and is only granted under exceptional circumstances.

Iddah

Iddah is a period of waiting that a divorced woman must observe after the termination of her marriage. The purpose of iddah is to determine whether the woman is pregnant, and to allow time for any disputes regarding paternity to be resolved before the woman remarries.

In Islam, iddah is mandatory and must be observed by all women who are divorced or whose husbands have passed away. The duration of iddah depends on the circumstances of the divorce or death of the husband, and can range from one menstrual cycle to four months and ten days.

During the period of iddah, the woman must remain in her home and refrain from any social or sexual contact with men who are not closely related to her. She must also avoid any beautification practices, such as wearing perfume or makeup, and must dress modestly.

The purpose of these restrictions is to allow the woman to grieve and reflect on the end of her marriage, and to prevent any confusion regarding paternity if she remarries. It also serves as a period of transition, during which the woman can make arrangements for her future.

It is important to note that the obligation of iddah is not intended to punish the woman, but rather to provide her with a period of reflection and support during a difficult time. It is also a reminder of the sanctity of marriage and the importance of upholding the rights and responsibilities of both parties in a marital relationship

Talaq (Divorce) in Islam: Custody of the children after Divorce in Islam

In Islam, the custody of children after divorce is a matter that is taken very seriously. Islamic teachings emphasize the importance of the rights of children, and recognize that they are the innocent parties in a divorce.

Generally, custody of children after divorce in Islam is awarded to the mother, provided that she is deemed to be a suitable guardian. This is based on the belief that the mother is better equipped to care for young children, especially if they are still breastfeeding.

However, there are exceptions to this rule. If the mother is deemed to be unfit or incapable of caring for the children, custody may be awarded to the father, or to another suitable guardian, such as a grandparent or close relative.

In cases where the children are older, their wishes and preferences may also be taken into consideration when deciding on custody. It is important to note that custody arrangements should always be made in the best interests of the children, and should take into account their physical, emotional, and psychological well-being.

In addition to custody, both parents in Islam are required to provide for the financial needs of their children, even after divorce. This includes providing for their basic necessities such as food, clothing, shelter, and education.

Overall, custody of children after divorce in Islam is a matter that is taken seriously, and is based on the principle of providing for the best interests of the children. Both parents have a responsibility to care for their children and provide for their needs, even after the termination of their marriage.

Evaluation

1. What is the definition of talaq in Islam? a) Marriage contract b) Legal process of dissolving a marriage c) Religious obligation to remain married
2. What is the Islamic attitude towards divorce? a) Encouraged b) Discouraged c) Neutral
3. What are the types of divorce in Islam? a) Talaq, Khula, and Faskh b) Talaq, Nikah, and Khula c) Talaq, Nikah, and Faskh
4. What is the purpose of Iddah in Islam? a) To determine if the woman is pregnant b) To allow time for disputes regarding paternity to be resolved c) Both A and B
5. Who is required to observe Iddah in Islam? a) Divorced women only b) Widowed women only c) Both divorced and widowed women
6. How long is the period of Iddah? a) 1 month b) 3 months c) 4 months and 10 days
7. Who is generally awarded custody of children after divorce in Islam? a) Father b) Mother c) Grandparents
8. What is the basis for awarding custody of children after divorce in Islam? a) Gender of the parent b) Financial status of the parent c) Best interests of the children
9. What are the financial obligations of parents towards their children after divorce in Islam? a) Providing basic necessities such as food, clothing, and shelter b) Providing for education c) Both A and B
10. What is the main purpose of divorce in Islam? a) To punish one or both parties b) To allow for a fresh start for both parties c) To be used as a last resort when all efforts to save the marriage have failed.

Lesson Presentation

Introduction (10 minutes):

• Greet students and introduce the topic of Talaq (Divorce) in Islam.
• Ask students if they know what Talaq is and if they know of anyone who has gone through a divorce.
• Discuss with students the importance of understanding this topic in the context of Islamic beliefs and teachings.

Body (60 minutes):

• Define Talaq and discuss the Islamic attitude towards divorce.
• Discuss the types of divorce in Islam, including Talaq, Khula, and Faskh.
• Discuss the purpose and duration of Iddah in Islam, and the requirements for divorced women during this period.
• Discuss the principles of custody of children after divorce in Islam, including who is generally awarded custody and the financial obligations of parents towards their children after divorce.
• Use multimedia presentations, handouts, and relevant verses and teachings from the Quran and Hadith to support the discussion.

Activity (20 minutes):

• Divide the students into groups and assign each group a case study scenario involving divorce and custody of children.
• Have each group discuss and come up with a solution to their assigned scenario, taking into account the principles and teachings of Talaq, Iddah, and custody of children in Islam.
• Each group will present their solution to the class, and the class will discuss and provide feedback on the presented solutions.

Conclusion (10 minutes):

• Summarize the key points discussed in the lesson.
• Encourage students to ask questions and seek further understanding of the topic.
• Provide students with additional resources for further reading and understanding of Talaq and related topics in Islam.

Assessment:

• Group presentation and solution of assigned case study scenario
• Written reflection on the importance of understanding Talaq and related topics in Islam.

Weekly Assessment/Test

1. What is Talaq?
2. How does Islam view divorce?
3. What are the types of divorce in Islam?
4. What is Iddah and why is it important?
5. Who is required to observe Iddah in Islam?
6. How long is the period of Iddah in Islam?
7. Who is generally awarded custody of children after divorce in Islam?
8. What is the basis for awarding custody of children after divorce in Islam?
9. What are the financial obligations of parents towards their children after divorce in Islam?
10. What is the main purpose of divorce in Islam?