triple talaq accepted legally??
anil Kumar
(Querist) 13 May 2014
This query is : Resolved
Dear experts
as per the muslim shariyat and musllim law
can triple talaq at a time accepted legally or talaq should be given in three consecutive months.??
ajay sethi
(Expert) 13 May 2014
academic query . state facts of your case .
Sankaranarayanan
(Expert) 13 May 2014
What is the real facts of case , disclose first ,For vague query we are not able to give our suggestion
Devajyoti Barman
(Expert) 13 May 2014
No need for giving in consecutive months.
Even at one go , one can give triple talalq.
If you furnish details then further advice can be given.
Raj Kumar Makkad
(Expert) 14 May 2014
the husband wants to divorce his wife, he should pronounce one Talaq after she has achieved tuhr following the menstruation period and before having intercourse with her after the menstruation. If he has an intercourse with her, he cannot pronounce Talaq in that cycle and has to wait for the next menstrual cycle. If he revokes the Talaq within the Iddah period, it is good otherwise he can pronounce the second Talaq after the Iddah anytime in her state of tuhr (purification after menstruation) but before having sexual intercourse with her. Similarly, if he pronounces the third Talaq, his marriage is dissolved and he cannot remarry her.
“Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then GOD is Forgiver, Merciful. If they go through with the divorce, then GOD is Hearer, Knower. “[Al Baqarah: 226-227]
The Shafi’i school says that if the husband says three Talaqs and intends to give one, then one Talaq will apply otherwise it will be three Talaqs.
Therefore, in essence all the four schools follow the same rule of triple Talaq with slight variations. The use of word or emphasis which the three schools argue in favour of does not mean anything to the laymen or the illiterate who does not understand the difference between the expressions ‘I divorce you, I divorce you, I divorce you’ and ‘I divorce you and I divorce you and I divorce you’. When the Prophet (pbuh) asked Abd Yazid if he had pronounced Talaq thrice or once, he did not want to know if he used the word ‘and’ between the pronouncements or whether he used the other two pronouncements to emphasise the first. He (pbuh) only asked him if he had pronounced three Talaqs in one sitting and on being told that it was in one sitting, he (pbuh) ruled that it was to be considered only one Talaq.
However, Maulana Umar Ahmad Usmani quotes the view of Ibn Taimiya who says that Imam Ahmad Ibn Hanbal later retracted his position on triple Talaq:
“But Imam Taimiyah has proved that Imam Ahmad bin Hanbal had retracted from his earlier position of accepting the validity of triple divorce and in a later period he used to say that when I reflected on the Qur'anic position I came to the conclusion that it permits only raj'i Talaq, i.e., 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. Imam Ahmad's companions and disciples also adopted this position.
Many companions of the Noble Prophet like Ibn Abbas, Hazrat Ali, etc. also were of this opinion. Some have quoted companions like Abdullah bin Mas'ud, Abdur Rahman bin'Auf and Zuber bin al-Awwam also adopting this position. Ahl-e-Hadith also are of this opinion, i.e., that triple divorce is not valid. The Ithna 'Asharis (i.e., twelver Shi'as) and Imamiyas believe that if three divorces are pronounced together, even one divorce does not take place, let alone three. Even some Hanafi jurists like Hajjaj bin Artat and Muhammad Ibn Muqatil believe that if one pronounces three divorces, no divorce will take place.”
“Usmani also quotes from Hafiz Ibn Hajar's Fath al-Bari to the effect that many eminent jurists held that if one pronounces three divorces, only one takes place.”( Maulana 'Umar Ahmad 'Usmani and Women's Rights in The Qur'an, Women and Modern Society, Asghar Ali Engineer, Select Books, India, 1999)
Only the Salafis or ahl-e-Hadith and the Shias consider triple Talaq in one sitting as one Talaq.
Therefore, it can be concluded that triple Talaq is unlawful and sinful as it is a Bid’ah (an innovation in religion) as Imam Ahmad bin Hanbal after reflecting on the Quranic injunctions relating to divorce rightly came to the conclusion that triple Talaq was not in accordance with the Quranic principles.
But unfortunately this has been in practice as the only mode of Talaq in Muslim societies today, particularly in India. Going by the Fatwas of the Darul Ifta of Deoband and other seminaries of India, it can be assumed that the jurists of India have endorsed this mode of Talaq-e-Bid’ah giving the impression among the general masses that this is the correct and only mode of giving divorce.
anil Kumar
(Querist) 16 May 2014
Dear raj kumar sir
Thanku fr ur reply..
is it legally accepted in india i mean to ask triple talaq..
