Three Talaaq's
- Muhammed Vanker

THE LAW CONCERNING THREE TALAAQS IN ONE SESSION IN THE LIGHT OF THE QURAAN AND THE SUNNAT

Detestment of Talaaq.

Islaam takes a stringent stance on Talaaq. In one Hadith Talaaq has been interpreted as the "worst of all permissible actions" and in another  hadith, "the throne of Allaah vibrates at the issuing of a Talaaq". “From amongst the permissible things the most unpleasant is Talaaq "

( Mishkaat pg 282)

" Perform nikaah but do not give Talaaq . The Arsh(throne) of Allaah vibrates on the issuing of Talaaq." (Abu Dawood) The above clearly illustrates that Talaaq is not a praiseworthy act in Shariat. However there are reasons during the course of married life when Talaaq is mubah (permissible). These conditions are detailed in the books of Jurisprudence. In such situations, one Talaaq may be issued written or verbal called Talaaq-e-Rajai. With this method, Talaaq takes place but if the need arises to take the wife back, then this can be done with the least amount of discomfort.

Utterance of three Talaaqs.

If someone issues three Talaaqs in one sitting, in one word for example:  "I have given you three Talaaqs " or "To you three Talaaqs" or "one Talaaq two Talaaqs three Talaaqs" etc. then according to ALL the Imaams, and the majority of the Ulema and Imaams of Ahaadith and Fiqh(Jurisprudence), three Talaaqs have taken place and are confirmed. This is termed Talaaq-e-Mughallazah. This form of Talaaq necessitates the immediate separation between husband and wife. Reconciliation can only take place if the wife passes her period of iddat and then marries another man , with whom she has to have had conjugal relations and if he divorces her, then she must pass another period of iddat and only then can she marry the first husband. This whole procedure is called "Halaalah". There is no other method of Reconciliation other than this.

Ijma of Ummat on three Talaaqs.

A great Aalim of the Shaafi Mazhab, Imaam Allaamah Mueenuddin Nawawi(R.A.) writes in the commentary of Muslim that the tract of all four Imaams , Imaam-e-Aazam Abu Hanifah (R.A.),Imaam Shaafi (R.A.), Imaam Maalik( R.A.), Imaam Hambal(R.A.) and the majority of the Ulemah is that three Talaaqs occurs when issued in one sitting .

 (Muslim with Nawawi vol 1 pg 478)

 The famous Aalim of the Maaliki mazhab, Imaam Muhaqqih Muhammed

 Zarqaani(R.A.) writes in his book

 "Shah Zarqani" vol 3 pg 167,

 "The occurrence of three Talaaqs is the mazhab of the Jumhoor (majority) and on this is ijma of the ummat and whosoever opposes this will not be considered in any way." Allaamah Jassas Razi HANAFI writes after a lengthy discussion on three Talaaqs in "Ahkaam-ul-Qur'aan", that it has been proven without any doubt and query from the Qur'aan and Ijma-e-Ummat that three talaaqs occurs.

 ( Alai Sunnan vol 2 pg 709)

CONTINUED...(next page)

 
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