talak

Talak, often transliterated talaq, is the Islamic term for the unilateral dissolution of a marriage by the husband. The word comes from the Arabic talaqa, meaning to release or set free. In many Muslim communities, talaq is governed by religious law and, in many places, by civil law that varies by country.

In traditional Islamic law, talaq is the husband’s prerogative, though women may seek divorce through mechanisms such as khula (where the wife negotiates a dissolution, often involving compensation or return of dowry) or through judicial decree under certain conditions. The act may be revocable during the waiting period called iddah, during which reconciliation is possible. Depending on the school of law, talaq may be pronounced once or in a sequence of three. Forms such as talaq al-hasan involve three pronouncements with waiting periods in between, while talaq al-baa'in can be irrevocable after certain pronouncements or according to local practice. A rapid or triple talaq, pronounced in a single act or outside accepted procedure, has been controversial and is restricted or banned in several jurisdictions.

Legal frameworks surrounding talaq vary widely. Some countries require a formal process, registration, or counseling, and impose a waiting period or other safeguards; others ban or criminalize certain forms of talaq. For example, in India, the practice of immediate triple talaq was declared unconstitutional by the Supreme Court in 2017, and the subsequent Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized the practice and provided remedies for affected wives.

Cultural and legal debates continue about gender equality, religious authority, and the protection of spouses’ rights. Talak remains a central, though contested, element of family law in many Islamic traditions, reflecting tensions between religious norms and modern civil rights.