Social Matters >> Talaq (Divorce)

Question # : 146809

India

I want to know about divorce everything. What is the rule of 3 divorce in Islamic Shariah?

Answer : 146809

Published on: Dec 25, 2016

بسم الله الرحمن الرحيم



(Fatwa: 241/177/SD=3/1438)



You should see Bahishti Zewar for necessary rulings pertaining to talaq. However, as far as triple talaq is concerned, it is severe sin and crime according to Shariah to give three talaqs in a single go, such person is highly sinner. It is recorded in Hadith that the Messenger of Allah (may peace and blessings of Allah be upon him) was told about a man who had divorced his wife with three simultaneous divorces, he stood up in anger and said: “Is the Book of Allah being toyed with while I am still among you?” (Nasai)



Also, a man said to the Holy Prophet Muhammad (may peace and blessings of Allah be upon him) that his father had given one thousand talaqs to his mother. Is there any way now or not? He said, “Had your father feared Allah then Allah surely would have made a way for him.” Now his wife had become bayina (separated) with three talaqs.” A man said to Hadhrat Abdullah Ibn Abbas (may Allah be pleased with him) that his uncle had given three talaqs to his wife. Hadhrat Abdullah Ibn Abbas (may Allah be pleased with him) said that your uncle committed sin by disobeying Allah and followed Satan. (Tahavi).



The above mentioned Hadiths make it clear that giving three talaqs at a time is satanic practice and sinful act. A Muslim should never give three talaqs. But if someone gives three talaqs in a single meeting ignoring the ruling of Shariah, then all the three talaqs shall take place without a doubt, it is also an unanimous ruling of the Shariah. It is the opinion of tabiyeen, tabe tabiyeen, Imam Abu Hanifah and his companions (may Allah have mercy upon them), Imam Malik and his companions (may Allah have mercy upon them), Imam Shafi’i and his companions (may Allah have mercy upon them), Imam Ahmad and his companions (may Allah have mercy upon them), the Fiqh scholars, Muhaddithin etc that if someone gives three talaqs to his wife, all the three talaqs shall take place. However, the person shall be sinful.



Note:A comprehensive booklet about the talaq in Islam and necessary rulings pertaining to it is going to be published soon. You may study it after it is published. In-shaAllah, this booklet shall be available on the official website of Darul Uloom (www.darululoom-deoband.com).




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

Related Question