The legalities surrounding Al-Tolaqa in Shia jurisprudence are intricate, often requiring adherence to specific procedures to ensure that the divorce is recognized in the eyes of the law and society. For a talaq to be considered valid, it must be pronounced clearly, and in the presence of witnesses, thereby ensuring transparency and accountability in the process.
Additionally, the waiting period (iddah) serves an important legal function. This period, lasting for three menstrual cycles in the case of a woman who menstruates, provides time for reflection and potential reconciliation. It also serves intimate purposes, allowing for the determination of whether the wife is pregnant, thereby impacting the future lineage and familial ties. During this time, the husband retains certain responsibilities, including financial support, underscoring the ethical dimensions of marital dissolution.
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