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menjatuhkan talak satu ba'in sughra

English translation: decree irrevocable divorce of minor degree

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Indonesian term or phrase:menjatuhkan talak satu ba\'in sughra
English translation:decree irrevocable divorce of minor degree
Entered by: just adi
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06:05 Sep 7, 2012
Indonesian to English translations [PRO]
Law/Patents - Law (general)
Indonesian term or phrase: menjatuhkan talak satu ba'in sughra
gugatan pihak pertama dikabulkan dengan menjatuhkan talak satu ba'in sughra dari pihak kedua terhadap ihak penggugat.
just adi
Local time: 22:56
decree irrevocable divorce of minor degree
Explanation:
Separation through Divorce
Divorce is the breaking of the spousal relationship with express or implied words, directly or through representation, by the husband, effective instantaneously or consequentially. As far its effects are concerned, it is of three kinds: 1) Revocable divorce (talaq-i-rajaee), in which the husband pronounces divorce once and at some later stage realizes that he made a mistake and decides to rescind the pronouncement unconditionally and resumes the normal spousal relationship; 2) Irrevocable divorce of minor degree (talaq-i-bain sughra), in which the parties, if they both agree, can re-enter into the marriage contract; 3) Irrevocable divorce of major degree (talaq-i-bain kubra) in which the husband cannot re-enter the marriage contract with his divorced wife unless she, after having married and establishing conjugal relations with her new husband, is divorced for some reason and is willing to re-enter into a marriage contract with her former husband.

From another source:
Talak Bain falls under two categories:
1.Talak Bain Kubra
2.Talak Bain Sughra

Talak Bain Kubra is a situation where a divorce has taken place on three occasions - in other words, the husband has divorced his wife three times. The divorce is irrevocable. The husband may re-marry his ex-wife only if, subsequent to the third divorce, the ex-wife has married another man and the marriage has ended in a divorce / in death.

Talak Bain Sughra is a divorce that takes place less than three times but is irrevocable even during iddah. A couple divorced under such a circumstance must go through the process of nikah if they want to live as husband and wife again. Talak Bain Sughra occurs in the following situations:
1.Divorce decided by Hakam
2.Khulu' (Divorce by Redemption)
3.Decree of fasakh issued by a Judge.

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Note added at 33 mins (2012-09-07 06:38:35 GMT)
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... dengan menjatuhkan = by decreeing...
Selected response from:

Catherine Muir
Australia
Local time: 01:56
Grading comment
catherine - firm and detail as usual... thank you :)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1decree irrevocable divorce of minor degree
Catherine Muir
4rendering an order of minor irrevocable divorce
Rosmeilan Siagian
4declaring one divorce ba'in Sughra
Ridwan Munib
4[to] pronounce a non-consummated irrevocable divorce
Erich Ekoputra


  

Answers


27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
[to] pronounce a non-consummated irrevocable divorce


Explanation:

Dua KudoZ berikut ini akan membantu:

http://www.proz.com/kudoz/arabic_to_english/certificates_dip...
http://www.proz.com/kudoz/indonesian_to_english/law_general/...

Intinya adalah talak yang tidak bisa rujuk, namun belum sempat bersetubuh.

Ref: http://iwan-nurfahrudin.blogspot.com/2011/10/fiqih-munakahat...
Talak ba'in = Talak yang tidak bisa rujuk kembali. Kalaupun ingin bersatu lagi, maka harus dengan proses nikah ulang. Talak ba'in pun dibagi menjadi dua, yaitu talak bain sughro dan talak ba'in kubro. Contoh dari talak ba'in sughro adalah ketika ada pasangan menikah pada suatu hari, namun sorenya sudah cerai sebelum melakukan jima' (hubungan suami-istri)...

Erich Ekoputra
Indonesia
Local time: 22:56
Specializes in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 233
Login to enter a peer comment (or grade)

31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
declaring one divorce ba'in Sughra


Explanation:
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Ridwan Munib
Indonesia
Local time: 22:56
Native speaker of: Native in IndonesianIndonesian, Native in JavaneseJavanese
PRO pts in category: 4
Login to enter a peer comment (or grade)

32 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
decree irrevocable divorce of minor degree


Explanation:
Separation through Divorce
Divorce is the breaking of the spousal relationship with express or implied words, directly or through representation, by the husband, effective instantaneously or consequentially. As far its effects are concerned, it is of three kinds: 1) Revocable divorce (talaq-i-rajaee), in which the husband pronounces divorce once and at some later stage realizes that he made a mistake and decides to rescind the pronouncement unconditionally and resumes the normal spousal relationship; 2) Irrevocable divorce of minor degree (talaq-i-bain sughra), in which the parties, if they both agree, can re-enter into the marriage contract; 3) Irrevocable divorce of major degree (talaq-i-bain kubra) in which the husband cannot re-enter the marriage contract with his divorced wife unless she, after having married and establishing conjugal relations with her new husband, is divorced for some reason and is willing to re-enter into a marriage contract with her former husband.

From another source:
Talak Bain falls under two categories:
1.Talak Bain Kubra
2.Talak Bain Sughra

Talak Bain Kubra is a situation where a divorce has taken place on three occasions - in other words, the husband has divorced his wife three times. The divorce is irrevocable. The husband may re-marry his ex-wife only if, subsequent to the third divorce, the ex-wife has married another man and the marriage has ended in a divorce / in death.

Talak Bain Sughra is a divorce that takes place less than three times but is irrevocable even during iddah. A couple divorced under such a circumstance must go through the process of nikah if they want to live as husband and wife again. Talak Bain Sughra occurs in the following situations:
1.Divorce decided by Hakam
2.Khulu' (Divorce by Redemption)
3.Decree of fasakh issued by a Judge.

--------------------------------------------------
Note added at 33 mins (2012-09-07 06:38:35 GMT)
--------------------------------------------------

... dengan menjatuhkan = by decreeing...

Example sentence(s):
  • Irrevocable divorce of minor degree (talaq-i-bain sughra), in which the parties, if they both agree, can re-enter into the marriage contract.

    Reference: http://app.syariahcourt.gov.sg/syariah/front-end/TypeOfDivor...
    Reference: http://www.ips.org.pk/islamic-thoughts/1120-dissolution-of-m...
Catherine Muir
Australia
Local time: 01:56
Specializes in field
Native speaker of: English
PRO pts in category: 53
Grading comment
catherine - firm and detail as usual... thank you :)

Peer comments on this answer (and responses from the answerer)
agree  Helmy Ismail Sani: sughra=minor. Or "minor irrevocable divorce".
1 hr
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
rendering an order of minor irrevocable divorce


Explanation:
Menurut saya, jawaban ini akan membuat kalimat terjemahannya lebih mengalir.


    Reference: http://www.dallas-divorce-mediation.com/property.html
    Reference: http://www.proz.com/kudoz/indonesian_to_english/certificates...
Rosmeilan Siagian
Indonesia
Local time: 22:56
Works in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 49
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