• Social Matters >> Talaq (Divorce)

    Question ID: 44803Country: India


    Question: What does the holy Quran and Hadith say about triple talaq in a fit of anger in one sitting and regret immediately taking into consideration the following: In all Sunni schools of jurisprudence, each talaq utterance should be followed by a waiting period of three menstrual periods for women or three month (iddah), when the couples are supposed to try to reconcile with the help of mediators from each family, until the third and final talaq. During the reign of Hadhrat Umar (RA) the second Caliph of Islam, legend has it that there was a sudden spurt of talaqs in Arabia. Men were divorcing their wives without assigning any rhyme or reason. Angered by the inhuman manner in which people were interpreting the holy Quran, the Caliph ordered that any man found giving his wife talaq should have his head severed. Allama Samsani of Beirut has cited this in Falsafa Shariat-ul-Islam. Triple, instantaneous, verbal talaq, in any event, is repugnant to the spirit of Islam. It has been called talaq-e-bida’h.

    Answer ID: 44803

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 881/B-184/TB=1434) It goes without any doubt that as per the Islamic Shariah the sunnah method of giving talaq is that three talaqs are given in three tuhr (menstruation free period). But if someone gave three talaqs in single meeting against sunnah then also all the three talaqs shall take place, but the person who gave talaq shall be sinful due to his non-sunnah practice. There is a Sahih hadith in Abu Dawood: فطلقها ثلاثا عند رسول الله صلى الله عليه وسلم فانفذه رسول الله صلى الله عليه وسلم . Allama Shaukani has categorized it as Sahih Hadith. As per this hadith a Sahabi gave his wife three talaqs in single meeting and the holy Prophet Muhammad (صلى الله عليه وسلم) enforced all the three talaqs. Hadhrat Imam Bukhari (رحمة الله) also has the same view. This issue is agreed upon by the four Imams i.e. Hadhrat Imam Abu Hanifa, Imam Malik, Imam Shafai and Imam Ahmad ibn Hambal (رحمهم الله). There is not a single hadith in which the holy Prophet Muhammad (صلى الله عليه وسلم) declared three talaqs as one talaq nor he ordered for ruju. It is not right to produce the saying of Hadhrat Ib Abbas (رضى الله) as the saying of Sahabi is not an evidence as per Ahl Hadith people. Moreover, Hadhrat Ibn Abbas (رضى الله) used to issue Fatwa against his riwayat, whereas it is a principle of Hadith that if a narrator of any hadith gives fatwa against his riwayat then his riwayat is unacceptable rather his fatwa shall be accepted. One conference was held on the above mentioned issue in Saudi Arabia which passed unanimously the resolution that the three talaqs of one meeting shall be ruled as three. One booklet also was published from there; you may study it (http://www.darululoom-deoband.com/urdu/current/teen_talaq.pdf).

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India