Ric'î-bâin talâk in Islamic law and its legal consequences

Although the family is the smallest unit of the society, it is the most important part of the society considering the role it plays. Since the establishment of the family, Islam has aimed to ensure peace in the family by assigning some duties and responsibilities to the spouses, and to eliminate the conflicts between the partners and the problems that threaten the family unity without disturbing the family unity as much as possible. Despite all of this efforts, if peace in the family could not be achieved, it considered the separation of the partners as a last resort legitimate. Separation gives the partners ,who cannot find peace in the current family, the opportunity to establish a new family and find the desired peace. In Islamic law, the end of marital life can take different forms. Talaq is one of the choices to end family unity and is the most common form of separation in society. Talaq means the abolition and cancellation of the marriage contract, which has been established in a sound manner, by the husband, with certain words, immediately or in the future. In Islamic law, talaq is differentiated in diverse ways according to its compliance with the sunnah and whether the divorced partners need a new marriage and mahr in order to return to their marriage life. In this study, the differences between whether talaq is ric'î or bâin and the legal consequences of these talaqs are discussed comparatively. In this study, the differences between talaq being ric'î or bâin and the legal consequences of the mentioned talak types are discussed comparatively. Our work consists of three chapters. In the first chapter, the subject of marriage is discussed in general terms due to its direct effect on divorce. In the second chapter, the subject of talak and the distinction between ric'î talâk and bâin talak, which constitutes the axis of the study, are discussed. In the third chapter, which constitutes the main subject of the study, the legal consequences that occur depending on the distinction between ric'î talak-bâin talak are examined comparatively.