Talak-us-sunnat and talak-ul-biddat :- The Hanafis recognized two kinds of talak, namely, (1) talak-us-sunnat , that is, talak according to the rules laid down in the sunnat (traditions) of the Prophet; and (2) talak-ul-biddat , that is, new or irregular talak . Talak-ul-biddat was introduced by the Omeyyade monarchs in the second century of the Mahomedan era. Talak-ul-sunnat is of two kinds, namely, (1) ahsan , that is, most proper, and (2) hasan , that is, proper. The talak-ul-biddat or heretical divorce is good in law, though bad in theology and it is the most common and prevalent mode of divorce in this country, including Oudh. In the case of talak ahsan and talak hasan , the husband has an opportunity of reconsidering his decision, for the talak in both these cases does not become absolute until a certain period has elapsed (Section 312), and the husband has the option to revoke it before then. But the talak-ulbiddat becomes irrevocable immediately it is pronounced (S.312). The essential feature of a talak-ul-biddat is its irrevocability. One of tests of irrevocability is the repetition three times of the formula of divorce within one tuhr . But the triple repetition is not a necessary condition of talak-ul-biddat , and the intention to render a talak irrevocable may be expressed even by a single declaration. Thus if a man says “I have divorced you by a talak-ul-bain (irrevocable divorce)”, the talak is talak-ul-biddat or talak-i-badai and it will take effect immediately it is pronounced, though it may be pronounced but once. Here the use of the expression “ bain ” (irrevocable) manifests of itself the intention to effect an irrevocable divorce.” [emphasis supplied]
