Shariah rules about divorce and separation
Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia
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Category List

>> Introduction
>> 3 Ways of Reconciliation
>> Detailed rules of divorce
>> Pronouncing 3 Talaq In A State Of Anger
>> The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously
>> Can woman give divorce?
>> Saying 'Talaq' without the intention of divorce
>> Using ambiguous/unclear words
>> What is Khula
>> Saying: I have given you Khula
>> Khula before starting to live with the husband
>> Remarrying the same person after Khula
>> Re-marriage before acceptance of Khula

 
 
The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously

The Shariah Ruling Regarding Pronouncing 3 Divorces Simultaneously

 

Pronouncing 3 divorces simultaneously is certainly against the teachings of the Holy Quran and the Hadith and is a sin.  When a divorce is pronounced without considering the move carefully, the partners will face many more difficulties.  Therefore, the method of pronouncing 3 divorces simultaneously should not be used and awareness about this should be created among Muslim men, so that this method which is against the Shariah should not be resorted to and this sinful course of action is blocked.  In spite of all this, if someone pronounces a triple talaq, it is effective.

 

Sunan Abu Dawood, Book of Divorce Pg.  No.  306 has a Tradition:

 

It has been narrated on the authority of Hadhrat Sahl bin Sa’ad (May Allah be well pleased with him), that he when he was asked about the incident of Hadhrat Uwaimir Ajlani (May Allah be well pleased with him) he replied that he pronounced Triple Talaq to his wife before the Holy Prophet Sallallahu alaihi wa sallam and the Holy Prophet Sallallahu alaihi wa sallam declared it as effective.

 

This Hadith shows that Triple Talaq cannot be declared as null and void.  The consensus of the Companions, the Taba‘een and the Four Great Imams and the Imams of the Ahle Sunnah is that Triple Talaq is affected.

 

When this matter has been established by the Companions, the Taba‘een, the Jurists (Fuqaha) and the Hadith-experts (Muhaddithin), any other opinion against this cannot be accepted.  A point worth considering is that if a person breaks any law of state in a state of anger, then that person will be held accountable for it and will be punished and when the same person breaks an Islamic law, then excuses are given and reasons are put forth.  Muslims are bound by the laws given in the Holy Quran and the H, so the opinion that a Triple Talaq pronounced in a state of anger or keeping the wife unaware of it is not tenable is not acceptable.
 

 
 
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