THE VALIDITY OF INSTANT TRIPLE DIVORCE (TALĀQ) ACCORDING TO SHAREE’AH

Dr. Mehboobah Akhter

Abstract


Today, the issue of triple divorce has become highly controversial and has got much attention. This paper focuses on the detail pertaining to the permissibility and validity of triple Talāq. It deals that how triple Talāq is valid or not and justified or not as a method of divorce which is in practice in Muslim population. This paper attempts to analyse the rules and the genuineness of the law. According to majority of sunni jurists, pronouncing the word ‘Talāq’ three times instantly in succession, equates with three Talāqs. On the contrary, according to the soundest and authentic view of scholars and according to Sheikh al-Islâm Ibn Taimiyah (رحيم الله), Sheikh Ibn al-Qayyim (رحيم الله), Allama Sheikh Shaukani (رحيم الله), Sheikh ibn Bazz (رحيم الله) etc., instant three pronouncements of the word ‘Talāq’ in one breath, in one sitting/ session at the same time without waiting for 'Iddah (woman's prescribed waiting period after divorce or widowhood) equals only one Talāq. Most Arab, as well as many Muslim states such as Egypt, Syria, Jordan, Iraq, Sudan, Morocco, Yemen, Afghanistan, Libya, Kuwait, Qatar, Bahrain, and the United Arab Emirates, have, while formulating their own laws, followed Ibn Taimiyah’s and Ibn al-Qayyim’s positions on this issue.

Keywords


Instant triple Talāq, divorce in Islâmic law, At-Tahleel (Halala)

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