Ba'in divorce (Arabic: الطلاق البائن) or Irrevocable divorce is a type of divorce in which the man cannot return to the woman; i.e. he cannot make her his wife again without reciting the marriage formula. This type of divorce is against revocable divorce in which, during the 'idda period, the man can return to the wife. Six forms of divorce are ba'in [irrevocable] including divorce of a woman who has not had a sexual intercourse with after marriage, divorcing a woman after her menopause and khul' and mubarat divorces. During the 'idda period after ba'in divorce, the woman is not mahram to the man.
- Main article: Divorce
Lifting the bond of marriage is called divorce. Like marriage, divorce takes place with reciting the marriage formula, but contrary to marriage, it is among unilateral contracts and it is carried out only by the man. In Islam, divorce is legitimate and permissible; but, according to hadiths, it is the most disapproved permissible act before God.
Definition of Ba'in Divorce
Ba'in divorce is a kind of divorce in which the man cannot return to the woman. In ba'in divorce, whether or not the woman is in an 'idda period, the man is not permitted to return to her. This type of divorce is against rij'i divorce in which the man can return during the 'idda period.
Types of Ba'in Divorce
Divorces below are considered as ba'in:
- Divorcing a woman who has not had a sexual intercourse with after marriage.
- Divorcing a girl who is not nine years old yet.
- Divorcing a woman after her menopause
- Khul' divorce
- Mubarat divorce
- Triple Divorce
- In some manuals of practical law, another form of ba'in divorce is also mentioned which is called divorce by the religious authority. In this type of divorce, the religious authority conducts the divorce of the wife of a man who neither pays her maintenance, nor does he divorces her.
In ba'in divorce, the woman is not mahram to the man during her 'idda period. The rules of matrimony such as the obligation of deferring to the husband, inheriting the spouses from each other, prohibition of leaving the house without the husband's permission and the obligation of paying the maintenance do not apply to ba'in divorce. However, if the woman is pregnant [at the time of divorce], the man has the obligation to pay her maintenance until delivering the baby.
- The material for this article is mainly taken from طلاق بائن in Farsi WikiShia.