Triple talaq

Triple Talaq is a controversial Sunni Islamic procedure whereby a husband can divorce his wife by saying to her "talaq, talaq, talaq" ("I divorce you", three times). It is not used in Shi'a jurisprudence, since they deem the talaq to be a procedure rather than a decision.

Rules

Triple talaq is made by saying "talaq, talaq, talaq" when the wife is in the state of purity. No fault needs to be found with the wife for a husband to divorce her and she will have been divorced upon the third time.

One relevant hadith:

:"Once Rukanah pronounced three divorces against his wife but later he was very sorry for it. When the Prophet asked him, How did you divorce your wife? Rukanah replied that he had pronounced three divorces. The Prophet asked, Did you pronounce it in one sitting? When he said, Yes, the Noble Prophet said, Treat it as one divorce only and if you want you can take your wife back. And Rukanah took his wife back. ^{Musnad Ahmad ibn Hanbal}

A second hadith pertaining to the topic:

:"Abdullah ibn Abbas reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger and that of Abu Bakr and two years of the caliphate of Umar (was treated) as one. But Umar ibn al-Khattab 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, [it would have deterred them from doing so!] and he imposed it upon them.^{Sahih Muslim [http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/009.smt.html#009.3491 3491]} .

Sahaba

Many companions of Muhammad treated triple talaq as a single talaq:

*Abd Allah ibn Mas'ud
*Abd al-Rahman ibn Awf
*Zubayr ibn al-Awwam

Shi'a

Shi'a view triple talaq as a jahiliyya custom, forbidden by Muhammad, reinstalled by Umar and hence haraam. Twelvers believe that if three divorces are pronounced together, even one divorce does not take place.

Sunni

Shaikh ul Islam Imam Nawawi in his "Sharh e Sahih Muslim" said: Imam Shafa'i and Imam Malik and Imam Abu Hanifa and Imam Ahmad and Jamhoor Ulema from Salaf (past) and Khalaf (recent past) established triple Talaaq as three Talaaqs. ("Sharh e Sahih Muslim" volume 1 page 478).

Imaam Muslim (Rahmatullaahi Alaihi) (a famous student of Imaam Bukhari) also holds the same view as Imaam Bukhari (Rahmatullaahi Alaihi).Imaam Nawawi (Rahmatullaahi Alaihi) writes:

Imaam Shaaf'ee, Imaam Maalik, Imaam Abu Hanifa, Imaam Ahmad and all the Ulama of the past say that three Talaaqs in one sitting is three. (Muslim vol.1 p.478)

Hanbali madhhab

Ahmad bin Hanbal believed that this form of divorce is sinful and bid'ah, it is nevertheless valid and divorce will take place. But he later retracted that position and used to say:

:"When I reflected on the Qur'anic position I came to the conclusion that it permits only talaq, divorce in which the wife can be taken back.

He then took the position that even if someone pronounces triple divorce it should be treated as one only. The husband thus will have the right to take his wife back within the iddah period or go for nikah if the iddah period has expired.

But above mentioned has no reference attached.Authentic Hambali Fiqh book Mughni ibn-e-Quddama states in Kitaab-ul-Talaq, Fasl Tlaaq-ul-Bid'a

وإن طلق ثلاثا بكلمة واحدة‏,‏ وقع الثلاث وحرمت عليه حتى تنكح زوجا غيره ولا فرق بين قبل الدخول وبعده روي ذلك عن ابن عباس‏,‏ وأبي هريرة وابن عمر وعبد الله بن عمرو‏,‏ وابن مسعود وأنس وهو قول أكثر أهل العلم من التابعين والأئمة بعدهم

If he gives three talaqs with one word there will happen three talaqs and she will be haram on him until she marries someone else, and there is no difference between being given before khilwat-e-sahih or not. It is stated by Ibn-e-Abbas, Abu Huraira, Ibn-e-Umr, Ibn-e-Amr, Ibn-e-Masood, Ans and it is stated by many Ulama from Tabaein and Aima afterwards.

Hanafi madhhab

There are two kinds of Talaq in Hanafi School of Jurisprudence.
* Talaaqus Sunnah: In this, each of the three Talaaqs are pronounced in the consecutive three Tuhur (Woman's Period of Cleanliness between two consecutive Menses).
* Talaaqul Bid'ah: While in this form of Talaaq, all the three are pronounced in one clean period. And they also become valid, even though this is highly undesirable to give three divorces in one Tuhur.

All Hanafi Sources of Fiqh are unanimous on Three Talaaqs in one sitting to be three. References are as under
# "Al Jami us Sagheer by Imam Muhammad."

The Chapter of Talaaqus Sunnah

محمد عن يعقوب عن أبي حنيفة رضي الله عنهم في رجل قال لامرأته وهي من ذوات الحيض أنت طالق ثلاثا للسنة ولا نية له فهي طالق عند كل طهر تطليقة فإن نوى ان تقع الثلاث ساعات أو رأس كل شهر واحدة وقعن على ما نوى وإن كانت آيسة أو كانت من ذوات الشهور

Translation:

Muhammad reported from Yaqub (Abu Yousuf) who reported from Abu Haneefa, regarding a man who said to his wife who menstruates that you are divorced three times according to Sunnah, there is no need of intention here. She would be divorced during every clean period. If he intended that the three divorces should occur in three moments, or at the beginning/end of every month, they would occur as he intended, even if she is suffering menopause or she is suffering from constant bleeding.

# "Al Mabsoot by Imam Sarakhsi."
# "Al Mukhtasar by Imaam Qudoori."
# "Kanz ud Daqaaiq by Imaam Nasafi."
# "Al Hidaya by Imaam Murghinaani."
# "Al Badai us Sanaai by Imam Kaasaani."
# "Al Muheet ul Burhaani by Imam Mahmood al Bukhari."

Maliki madhhab

Imam Malik believed that by saying talaq three times in one sitting will cause three talaaqs to be established. In Al-Muwatta, he states the fatwa of Abdullah ibn Abbas as:

Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah."(Book 29, Number 29.1.1) [http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta/029.mmt.html Read 29.1.1]

From the above quotation, it is clear that Ibn Abbas gave the verdict of three Talaaqs without inquiring the manner i.e., whether given in one Majlis (sitting) and without asking about the intention of the number of Talaaqs.

Shafi'i madhhab

Ash-Shafi'i said this form of divorce is not Haram but its better not to give three Talaaqs in one "Tuhar" (the time between two monthly periods of a woman). (Al Muhazzab by As Shiraazi) Also it means that those three Talaaqs would be established as three.

Other Scholars

These scholars hold the view that it counts as only one:

*Shaltut, who was Sheikh al-Azhar
*Rashid Rida' in his Tafsir al-Manar (Vol. IX, p. 683) has expressed a similar opinion.
*Jamal al-Din al-Qasim in his book al-Istinas

Legal status

The practice is banned by law in many nations, including Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, and Bangladesh. India still permits it. Recently, in India, a man uttered the word "talaq" thrice in his sleep, and his wife told some friends. When local Islamic leaders heard of this, they forced the couple of 11 years and three children to separate, and enforced the triple talaq law.cite news
url=http://www.msnbc.msn.com/id/12038469/
publisher=MSNBC.com
title=Indian man ‘divorces’ wife in his sleep
date=March 27, 2006

]

For the Conflict of Laws rules as they affect the talaq, see talaq (conflict)

Different Islamic views on triple talaq

Some Sunnis prefer a similar method of divorce, which simply staggers the talaq statements, instead of delivering them all at once. Each of the three divorce statements are said at three separate intervals, each in between a wife's menstrual cycle, provided no sexual relations have taken place between the couple. This is considered legally acceptable by some Sunni religious authorities.

Shi'as have a very dim view of this practice since they believe it makes a mockery of the principles and aim of both the Nikah and talaq, not to say its un-Qur'anic. Shi'a believe that a talaq procedure is not completed until the end of the Iddah. Repeating "talaq" during that period means nothing more than expressing the determination to fulfill the procedure and therefore bears no juridical consequences. In other words, it is the procedure that counts, not the actual word.

See also

*Islamic view of marriage

External links

* [http://www.jamiat.org.za/ttalaaqs.html Sunni viewpoint thoroughly elucidated with ahaadeeth]
* [http://www.irfi.org/articles/articles_151_200/triple__talaq.htm irfi.org] -Scholarly article on the history of the Triple Talaq procedure
* [http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543664 islamonline.net] - Sunni ruling on triple talaq
* [http://www.thetruecall.com/home/modules.php?name=News&file=article&sid=286] - Misconceptions on Divorce in Sleep

References