The Triple Thalaq

بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ

A triple thalaq on one occasion should be treated as one.  Otherwise, we arrive at a situation of abuse, where women of disadvantaged positions are held hostage to it, and where foolish men cannot take it back, and have to bear the consequences for final separation. 

There is certainly opposition by the ‘ulama, but when we consider shari’ah, it is sound.  It is the current majority position in some schools that a triple thalaq is to be considered as three separate declarations of divorce, and is thus irrevocable.  There is a minority opinion from the middle era of jurisprudence, the most famous of which is Shaykh Taqi’ ad-Din Ahmad ibn ‘Abd al-Halim ibn Taymiyyah (r.a.), that triple thalaq in one sitting should be considered one, and it has a valid basis. 

In the time of Salaf, the issue was ikhtilaf, and it is found, in Imam Shihab ad-Din Abu al-Fadhl Ahmad ibn Nur ad-Din ‘Ali ibn Hajr al-‘Asqalani’s (r.a.) Fath al-Bari, that Imam Malik ibn Anas (r.a.) and Imam Abu Hanifah Nu’man ibn Tsabit (r.a.), were of the opinion that a triple thalaq in one sitting is considered one.  Some state that Imam Abu Hanifah (r.a.) later changed his opinion, and some state the opposite.  Imam Abu Zakariya Yahya ibn Sharaf an-Nawawi’s (r.a.) Sharh Swahih Muslim also mentioned about the hadits by Sayyidina ‘Abdullah ibn ‘Abbas (r.a.) whereby the triple thalaq was considered irrevocable from the time of Sayyidina Abu Hafsw ‘Umar ibn al-Khaththab al-Faruq (r.a.). 

As recorded in Swahih Muslim, Sayyidina ibn ‘Abbas (r.a.) said, “Divorce, a divorce with three, in the time of the Messenger of Allah (s.a.w.) and Abu Bakr and two years of the caliphate of ‘Umar was counted as one.  Then ‘Umar ibn al-Khaththab said, ‘Verily, the people have hastened in a matter in which they used to have patience, so if only we were to enforce it on them.’  So, he enforced it on them.” 

Based on this, the late mujtahid, the Shaykh of Al-Azhar, Imam Muhammad Mahmud Shaltut (r.a.) issued a fatwa that a triple thalaq in a single instance is considered one.  And this is the logical position to adhere to.


Comments

  1. Is this a valid argument? I thought it contradicts your answer on Quora.

    ReplyDelete
    Replies
    1. Are you implying this is not a valid argument because you disagree? In what way do I contradict myself on Quora? Just because we quote different scholars to illustrate their position does not mean we have to agree with them.

      Delete
    2. Assalaamu Alaikum

      Delete
  2. Assalamu Alaikum,
    I was after some clarification and I should have been more specific, My apologies for the lack of clarity in my question.
    My intent was not to discredit your article and the scholars. My understanding of the Quora answer: if the word Talaq is uttered in anger, then Talaq has taken place. There was no mention of saying it 3 times at once or at 3 different times.

    ReplyDelete
    Replies
    1. Wa 'Alaykum as-Salaam,

      Thalaq uttered in anger is still considered valid. The contention is whether that triple thalaq is counted as thrice or once, and there are opinions that vary. My position is as above, that a triple thalaq uttered at once occasion should be taken as one.

      Delete
  3. My initial comment was to get clarity between the 2 answers and get affirmation that for Talaq to be valid it has to be said 3 times each at 3 different times. Please confirm. Most of the opinions I have come across say that saying 3 times in 1 sitting is irrevocable and that Talaq has taken place.
    My apologies if my comments caused hurt or confusion. I'm just a seeker of knowledge and trying to understand for my own benefit. Jazak'Allah Khayr Azad Khan

    ReplyDelete

Post a Comment

Thank you for taking the time to share our thoughts. Once approved, your comments will be posted.

Popular posts from this blog

The Du’a of the Blind Man

A Brief Biography of Shaykh Ibrahim ibn ‘Abdullah Niyas al-Kawlakhi (q.s.)

The Benefits of the Verse of 1,000 Dananir