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    HabibUrrehman's Avatar
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    Triple Talaq in one sitting

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    A marriage in Islam is meant to last a lifetime. However at times when the marriage has, despite all efforts to save it reached a point of no return, the Shariah has permitted to end this relationship by divorce. Nevertheless, this is the very last resort, as Prophet Muhammad (peace be upon him) said:
    The most detested of all permissible things is Talaaq.
    The Quran demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences. I recently read some articles about protested against triple divorce in India. I did not know that Muslims of India and Pakistan believe that a marriage can come to within a second because husband in his anger has uttered the word "Talaq" three times. I asked myself how the mere utterance of three words in one breath could terminate a marriage within a second. How could the recklessness of one person dissolve the union of two people so instantly? Is this really what Islam teaches. It was inconceivable to my brain and irrational to my realistic outlook. I just could not comprehend that how this foolish idea of triple divorce in one sitting can be considered as Islamic and Divine teaching. This becomes even more difficult to understand when we live in a time and age where hardly anyone wants to marry a divorced woman?
    QURANIC MESSAGE ON DIVORCE:
    The Quranic message is very explicit about divorce. It leans more toward safeguarding marriage than dissolving it abruptly. The chapter on women in the Quran draws attention to the need for arbitration before husband and wife decide to part ways. It commands:
    And if you fear a breach between the two, appoint an arbiter from his people and an arbiter from her people. If they both desire agreement, Allah will effect harmony between them. [Quran:35]
    In the event that triple talaq is pronounced in one go, where does the chance of arbitration, as stated in the Quran, stand?
    The Quran sets certain norms to execute divorce, just as there are norms to sanctify marriage:
    Those who intend to divorce their wives shall wait four months; if they change their minds and reconcile, then God is forgiver, merciful. If they go through with the divorce, then God is hearer, knower. [Quran 2:226-227]
    It continues to say:
    And the divorced women must wait for three menstrual courses… and their husbands are fully entitled to take them back (as their wives) during this waiting period, if they desire reconciliation. [Quran 2:228]
    Elsewhere, it further decrees:
    Divorce may be pronounced twice; then the wife may either be kept back in fairness or be allowed to separate in fairness. Then, if the husband divorces his wife (for the third time), she shall not remain lawful for him after this divorce, unless she marries another husband… [Quran 2:229-230]
    As we saw in above verses from Quran, Islam demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences. There is a complete chapter devoted to divorce in the Quran entitled ‘At-Talaq’, which explains:
    O Prophet, when you divorce women, divorce them for their prescribed waiting-periods, and count the waiting-period accurately, and fear Allah, you Lord. And do not turn them out of their houses [during the waiting-period], nor should they themselves leave them, except in case they commit an open indecency…You do not know: Allah may after this bring about a situation [of reconciliation]. Then when they have reached the end of their [waiting] periods either retain them [in wedlock] in a fair manner or part with them in a fair manner, and call to witness two just witnesses from among yourselves, and [O witnesses] bear witness equitably for the sake of Allah. (65:1-2)
    The divine book of Islam is filled with examples of exercising restraint in divorce. There is not a single verse that validates the notion of triple talaq in one sitting.

    DISMISSAL OF THREE TALAQ-IN ONE SITTING BY PROPHET MUHAMMAD (PEACE BE UPON HIM):

    There is no express direction in the tradition of the Prophet Muhammad ( peace be upon him) regarding the validity of three divorces together at one time as we will see in hadiths quested below:
    Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (ﷺ) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said:
    Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.
    There is no express direction in the tradition of the Prophet Muhammad ( peace be upon him) regarding the validity of three divorces together at one time.
    Reference : Sahih Muslim 1472 a
    In-book reference : Book 18, Hadith 22
    Abu Sahba' said toIbn 'Abbas (Allah be pleased with them):
    Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (ﷺ), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.
    Reference : Sahih Muslim 1472 b
    In-book reference : Book 18, Hadith 23
    Abu al-Sahba' said to Ibn 'Abbas:
    Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).
    Reference : Sahih Muslim 1472 c
    In-book reference : Book 18, Hadith 24
    Narrated Abdullah ibn Abbas:

    Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (ﷺ) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (ﷺ) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
    Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce.
    Grade: Hasan (Al-Albani)
    Reference : Sunan Abi Dawud 2196
    INTENTION OF SHARIAH:

    • To make marriage easy and adultery difficult
    • To make marriage quick and divorce, with time to permit reconciliation
    • To save the marriage as far as possible

    Narrated by 'Abdullah bin 'Umar (RA), that he had divorced his wife while she was menstruating. 'Umar bin Al-Khattab (RA) asked Prophet Muhmmad (peace be upon him) about that. Prophet Muhammad (peace be upon him) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." [Bukhari Volume 7, Book 63, Number 178]
    What’s the correct way to divorce women in Islam?

    1. Give Talaq only during her clean period.
    2. Give Talaq only once
    3. She continues to remain in the house as a wife with all privileges and duties except intimacy

    VIEW OF SUNNI AND SHIA JURISTS ON TRIPLE TALAQ:
    Under the most of the classical schools of Sunni Islamic Jurisprudence there is no material difference regarding the effect of “Triple Divorce” in substance, however, there is some slight difference only in respect of procedure.

    • According to Hanafi jurists this result in a Mughallaza divorce though they call it an innovation. Hanafi Jurists consider
      the three repetitions of divorce to be final.
    • Whereas the Shafii holds that if a husband repeats three pronouncements of divorce but without intending, only for the emphasis it will result in a single divorce but if he pronounces the three divorces intending or without any intention, it shall result in three divorces. More or less same view is held by the Hanbali School.
    • Maliki differ in their view in the sense that they make a distinction between various expression used in the pronouncement of divorce.
    • The only progressive group among Sunnis is the Salafis who accept three divorces at a single sitting as one only.
    • Whereas in Shia law there is general consensus of opinion that the in single sitting should be counted as one.
    • Imamia sect among Shias go so far as to say that such a divorce is no divorce at all.


    MANY COMPANIONS OF PROPHET MUHAMMAD (PEACE BE UPON HIM) AND MANY WELL KNOWN ISLAMIC SCHOLARS HELD THE VIEW THAT TRIPLE TALAQ IN ONE SETTING SHALL BE COUNTED AS ONE:
    I have not invented this wheel. In fact there was a group of scholars who contended that one pronouncement of divorce could not follow another (meaning one said I divorce you! I divorce you! I divorce you! All at the same moment) but that, if it took place, it would only count as one divorce. This was related by Abu Musa as the opinion of Ali bin Abi Talib [may Allah be pleased with him], Ibn ‘Abbas, Tawus, ‘Ata, Jabir bin Zaid, al-Hadi, al-Qasim, al-Baqir, al-Nasir Ahmed bin ‘Esa and Zaib bin ‘Ali [may Allah be pleased with them all]. This was also the opinion of some of the later day scholars: Ibn Taymiyya, Ibn al-Qayyim and other critical scholars. This was also related to be the opinion of the scholars of Cordoba and is currently followed by a large body of Muslim scholars do to its ease and removal of hardship.”See Sharh Bidayatul al-Mujtahid pg. 1384
    CONCLUSION:
    I am aware of all the scholarly arguments used to justify triple Talaq in one sitting. My submission to my learned brothers and sisters is, ‘All your arguments are in the end, conjecture and deductive reasoning. In contrast to that you have the actual orders of Allah as revealed in His Book, the Qur’an and you have the action of the Messenger (peace be upon him) in response to that order. Why do you give precedence to conjecture in the face of this evidence? What Prophet Muhammad (peace be upon him) did, we know for certain. Why he did it is somebody’s opinion. It is at best an informed guess. It is not actual observed, recorded fact. Prophet Muhammad (peace be upon him) action is what was observed and recorded. His intention was in his heart. However, his action is exactly in keeping with, supporting and in obedience to the orders of Allah. So why leave what is clear and choose what is doubtful?’
    This practice of ruling that three Talaq in one sitting is counted as one, continued in the time of the first of the Rashidun Caliphs, Abu Bakr (RA). In the time of Omar ibn Al-Khattab (RA), this started becoming a problem and so Omar ibn Al-Khattab (RA) applied his standard ruling in all such matters where he said, ‘When Prophet Muhammad (peace be upon him) was alive, Allah used to tell him what was in people’s heart. Today we don’t have that information, so we will go with what is apparent.’ So if a person gave his wife three Talaqs at one time, it was taken as three and not one. This was done to punish the man for doing Haraam.
    How is it punishment?
    In Islam the entire responsibility of getting married and all its expense is the sole responsibility of the man – not even his family, but he himself. When he gives Talaq to his wife she leaves with all her Mehar, any gifts she received from him or his family during the tenure of their marriage and he is now high and dry and alone. If he now wants to get married, he has to go through all the expense all over again. Meanwhile when her Iddat (waiting period) is over, in the Islamic system where there is no taboo on marrying a divorcee, she will get a proposal and get married and live happily with a new husband while her ex-husband is wandering around alone. If he wants to get married, he has to go through the entire process and expense all over again. If there are children from her previous marriage the husband has to support them until they reach a stage when they are not in need of support. This means that he pays for their upkeep, education all the way to university, until they are earning their own livelihood and for their marriages. All this is expense and punishment for him.
    The wife can get married and her new husband is not liable to spend a single cent on the upkeep of his wife’s children from her previous marriage. They are entirely their father’s responsibility. As for the wife, she is rid of a silly man who was more than likely not much of a husband anyway. If she doesn’t get married and he wants to marry her again, he can’t do that until she gets married to someone else, the marriage is consummated and she is divorced again or he dies. So she is gone as far as he is concerned. That is his punishment for being hasty in divorcing by pronouncing divorce thrice instead of once which is the correct Islamic way.
    Can we consider triple talaq now a days as punishment for men?
    Unfortunately, now a days, Muslims have turned their own law upside down and have made marriage extremely difficult and expensive and loaded all the expense on the bride and her family which is not the way of Islam at all. Add to this the evil of dowry which we have adopted with the result that men have no shame in demanding it and parents of the bride are forced to cough up the ransom for their daughter. We have all kinds of shameless ways of asking for it. Add to this all the different Haraam customs and practices that we practice in our weddings and the entire process is a punishment for the woman and her family. On top of that Muslim men are misusing the Talaq and instead of following the Sunnah are committing Haraam and divorcing their wives without giving themselves a chance at reconciliation which Islam intends. This has resulted in a huge number of Muslim women being abandoned by their husbands who divorced them in a fit of anger or because of their ignorance about the way to divorce their wives. Added to this is the taboo in Muslim countries of marrying a divorced woman that is again un-Islamic, which results in young girls being condemned to live their lives as virtual widows unable to get married again.
    Last edited by HabibUrrehman; 1 Week Ago at 01:17 AM.

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    Ahmed.'s Avatar
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    Re: Triple Talaq in one sitting

    if a man pronounced three divorces at once by stating to the wife: “I divorce you three times” or by saying: “I divorce you”, three times, then three divorces will be effected and the divorce will be irrevocable. The woman will be free to re-marry another man after the termination of her Iddah. She cannot return to her former husband’s marriage unless she is divorced once again from her second husband.

    This is the position held by all the Sunni schools of Islamic law, i.e., Hanafi, Shafi’i, Maliki and the Hanbali. This was also the view of the overwhelming majority of the Sahaba (Allah be pleased with them all) and Tabi’in (followers). Only the Ja’fariyya sect amongst the Shi’a and those who followed the literal meaning of the texts, like Imam Ibn Taymiyya and his student Ibn al-Qayyim differed with this view. There view, however, was not accepted by the majority of the Ummah. (See Ibn Qudama, al-Mugni, V: 7, P: 104)

    Some of the evidences declaring all three divorces to be in effect:

    1) Allah Almighty says in the Qur’an:

    “Divorce is (only permissible) twice, thereafter either retaining her honourably or releasing her kindly…If he divorces her (the third time), she will not be lawful for him unless she marries another husband (and he also divorces her).” (Surah al-Baqarah, V: 229/230)

    2) Sayyida A’isha (Allah be pleased with her) reports that: A man pronounced three divorces to his wife. She (after her Iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Recorded by Imam al-Bukhari in his Sahih)

    It is clear from the above Hadith that three divorces at once will be affected. The woman was allowed to marry another man. The Prophet of Allah (Allah bless him and give him peace) would have surely pointed out, had three divorces not come into effect at once. The husband in this incident pronounced all three divorces at once as the great scholar of Hadith, Ibn Hajr rightly points out in his monumental commentary of Sahih al-Bukhari, ‘Fath al-Bari’.

    3) The Companion Uwaimir al-Ajlani (Allah be pleased with him) pronounced three divorces at once to his wife in the presence of the Messenger of Allah (Allah bless him and give him peace), which has been recorded by Imam al-Bukhari and others in the famous incident of Mula’ana or li’an (Public imprecation). The Messenger of Allah (Allah bless him and give him peace) did not negate what he said, which is a sign that all three divorces were effected. Also, all the companions (Allah be pleased with them) considered them to be in effect.

    4) Sayyiduna Hasan ibn Ali (Allah be pleased with him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather (Allah bless him & give him peace) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan al-Bayhaqi)

    There are many other narrations recorded by the scholars of Hadith in their respective books, but time does not allow us to mention them all. The above evidences are sufficient for a person who intends to seek the truth.

    Those who hold the view that only one divorce will be effected, usually present the following narration of Ibn Abbas in support of their argument.

    Sayyiduna Abd Allah ibn Abbas (Allah be pleased with him) says: “Three divorces were considered to be one in the time of the Messenger of Allah (Allah bless him and give him peace), Abu Bakr and in the first two years of Umar’s reign. Thereafter, Umar (Allah be pleased with him) declared it to be three divorces.” (Sahih of Imam Muslim).

    The scholars of Hadith have analyzed this narration thoroughly in the context of all the other narrations. The great Hafidh, Imam Ibn Hajr deals with it in detail in his Fath al-Bari.

    One of the meanings mentioned by the scholars is that, this narration is specific to only one situation, that is, when a person pronounces three divorces, but the repetition is only for emphasis (ta’kid) and not to issue another divorce. In the early days, people were morally more sound and reliable and thus when they said, it was only for emphasis and not to issue another divorce; it was taken at face value.

    Umar (Allah be pleased with him) however, observed in his time that, people are becoming morally corrupt. Bad habits such as deceiving, cheating and lying, etc., have become prevalent. As a result he declared that, people’s statements will not be accepted as far as the courts are concerned. If the man is adamant that he only repeated the words to emphasize, then this will be between him and Allah.

    In conclusion, if a person pronounced three divorces at once in any way, then in the light of the above evidences and in accordance with the scholarly consensus, it will be considered as three divorces.

    And Allah Knows Best

    [Mufti] Muhammad ibn Adam
    Darul Iftaa
    Leicester , UK

    https://islamqa.org/hanafi/daruliftaa/7889

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    Re: Triple Talaq in one sitting

    I know and I have stated that in my post. It will be beneficial if you spend few minutes to read the post instead of going to google and copy paste a fatwa which many of here already know.

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    Re: Triple Talaq in one sitting

    It's always good to give the people the other sides view too

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