Comments on: Ruling on Triple Divorce http://www.zawaj.com/ruling-on-triple-divorce/ Muslim Matrimonials, Muslim Wedding Photos, and Arab Singles Fri, 10 Feb 2012 08:52:58 -0800 hourly 1 By: Wael http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-1864 Wael Mon, 30 May 2011 18:08:37 +0000 http://www.zawaj.com/?p=1569#comment-1864 I've never heard of "talaqah", but I guess you are speaking of the same thing as talaq. Filing for divorce under American law is fine, but an Islamic divorce is still required if you want to be considered divorced in Islam. In any case the Islamic divorce procedure is quite simple, so there is no reason to neglect it if you are getting divorced. Wael IslamicAnswers.com Editor I’ve never heard of “talaqah”, but I guess you are speaking of the same thing as talaq. Filing for divorce under American law is fine, but an Islamic divorce is still required if you want to be considered divorced in Islam. In any case the Islamic divorce procedure is quite simple, so there is no reason to neglect it if you are getting divorced.

Wael
IslamicAnswers.com Editor

]]> By: Mike http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-1863 Mike Mon, 30 May 2011 16:37:37 +0000 http://www.zawaj.com/?p=1569#comment-1863 Can talaq be written and consider as talaqah? If a man file a divorce under the American Law, can that consider as talaqah? Please discuss this issue in depth if you can! Can talaq be written and consider as talaqah?
If a man file a divorce under the American Law, can that consider as talaqah?
Please discuss this issue in depth if you can!

]]> By: Wael http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-1510 Wael Wed, 16 Feb 2011 18:15:50 +0000 http://www.zawaj.com/?p=1569#comment-1510 Sister, As-salamu alaykum. If I were to murder someone, I would have committed a terrible sin and a crime, and an act of rebellion against Allah. But the victim is still dead, right? The fact that I committed an act of Shaytan does not make the effect of it any less real. So the question is, when a man declares three divorces at once, though it is haram and a sinful act, does it count as one divorce or three? As the article says, some scholars have said that it only counts as one divorce. According to scholars such as Ibn Taymiyyah and Ibn al-Qayyim, triple divorces that are pronounced concurrently shall be considered only as a single divorce. They base themselves on the evidence that it was treated by the Prophet (peace and blessings be upon him) as single divorce. It is further supported by other clear evidences from the Qur’an and the Sunnah. There is no harm if you choose to adhere to this opinion and follow it. The reason that Abu Bakr and 'Umar (may Allah be pleased with them) enforced it as three divorces was precisely because it is a mockery, as you said. They felt that if men knew that a pronouncement of triple divorce would actually be enforced and irrevocable, that it would discourage the practice and make people think twice about doing it. Were they right? Allah knows best. You can also visit our archive of marriage articles here, which has several good articles about divorce as well: http://www.zawaj.com/articles.html Regards, Wael Zawaj.com Editor Sister, As-salamu alaykum. If I were to murder someone, I would have committed a terrible sin and a crime, and an act of rebellion against Allah. But the victim is still dead, right? The fact that I committed an act of Shaytan does not make the effect of it any less real.

So the question is, when a man declares three divorces at once, though it is haram and a sinful act, does it count as one divorce or three?

As the article says, some scholars have said that it only counts as one divorce. According to scholars such as Ibn Taymiyyah and Ibn al-Qayyim, triple divorces that are pronounced concurrently shall be considered only as a single divorce. They base themselves on the evidence that it was treated by the Prophet (peace and blessings be upon him) as single divorce. It is further supported by other clear evidences from the Qur’an and the Sunnah.

There is no harm if you choose to adhere to this opinion and follow it.

The reason that Abu Bakr and ‘Umar (may Allah be pleased with them) enforced it as three divorces was precisely because it is a mockery, as you said. They felt that if men knew that a pronouncement of triple divorce would actually be enforced and irrevocable, that it would discourage the practice and make people think twice about doing it.

Were they right? Allah knows best.

You can also visit our archive of marriage articles here, which has several good articles about divorce as well:

http://www.zawaj.com/articles.html

Regards,

Wael
Zawaj.com Editor

]]> By: Sister http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-1507 Sister Tue, 15 Feb 2011 23:33:10 +0000 http://www.zawaj.com/?p=1569#comment-1507 My question is if, three divorces in one setting is seen as making the divorce instant and irrevocable, the what happens with no ‘iddah (waiting period) and no opportunity for reconciliation? Especially when it is stated in the quran that the Iddah is also a time for the husband to reconcile, what if she is pregnant, How can this be, surely this is making a mockery on the Quran and our sunnah, Surely 3 divorces in one sitting should not be permissible. So that the Iddah, as stated in the quran can be observed in the correct way and also hold a woman’s dignity, 3 Divorces in one sitting is a insult on the wife. Also is it not 3 divorces in one sitting an act of shaytan? ” So he regarded it as such. This latter view is believed to be the most correct.” How can this statement have any weight in the light of the Quran and or beloved Prophet Swt? Please answer. My question is if, three divorces in one setting is seen as making the divorce instant and irrevocable, the what happens with no ‘iddah (waiting period) and no opportunity for reconciliation?

Especially when it is stated in the quran that the Iddah is also a time for the husband to reconcile, what if she is pregnant, How can this be, surely this is making a mockery on the Quran and our sunnah, Surely 3 divorces in one sitting should not be permissible. So that the Iddah, as stated in the quran can be observed in the correct way and also hold a woman’s dignity, 3 Divorces in one sitting is a insult on the wife.

Also is it not 3 divorces in one sitting an act of shaytan?

” So he regarded it as such. This latter view is believed to be the most correct.”
How can this statement have any weight in the light of the Quran and or beloved Prophet Swt?

Please answer.

]]> By: Wael http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-911 Wael Wed, 04 Aug 2010 05:55:39 +0000 http://www.zawaj.com/?p=1569#comment-911 How did Islam make women vulnerable? In pre-Islamic Arabia women had no rights at all. Islam gave them the right not to be forced into marriage without consent; the right to be paid a mahr as security in case of divorce; the right to keep their own incomes or wealth; and Islam instituted a waiting period in case of divorce, and limited men from divorcing their wives more than three times. You seem to think that the limitation of three divorces is oppressive toward women. It's exactly the opposite. It was created to protect women from husbands constantly threatening them with divorce as a means of coercion or pressure. How did Islam make women vulnerable? In pre-Islamic Arabia women had no rights at all. Islam gave them the right not to be forced into marriage without consent; the right to be paid a mahr as security in case of divorce; the right to keep their own incomes or wealth; and Islam instituted a waiting period in case of divorce, and limited men from divorcing their wives more than three times. You seem to think that the limitation of three divorces is oppressive toward women. It’s exactly the opposite. It was created to protect women from husbands constantly threatening them with divorce as a means of coercion or pressure.

]]> By: Asem http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-910 Asem Tue, 03 Aug 2010 20:46:19 +0000 http://www.zawaj.com/?p=1569#comment-910 I really do not understand why Islam made women vulnerable. There was no paper available to the desert people, so things were done verbally. In my opinion Islamic scholars should revise divorce procedure to reduce distructiveness it may cause to a family for an impulsive act and meet needs of the time and age. Regards I really do not understand why Islam made women vulnerable. There was no paper available to the desert people, so things were done verbally. In my opinion Islamic scholars should revise divorce procedure to reduce distructiveness it may cause to a family for an impulsive act and meet needs of the time and age.

Regards

]]> By: Wael http://www.zawaj.com/ruling-on-triple-divorce/comment-page-1/#comment-890 Wael Mon, 26 Jul 2010 18:12:11 +0000 http://www.zawaj.com/?p=1569#comment-890 This practice of triple talaq is very destructive to marriages and makes a mockery out of the rules of the deen. But as we have seen, it has been going on even since pre-Islamic times. I think that Islamic family law should be a standard part of Islamic education in Muslim nations, and that might help to reduce practices like these. This practice of triple talaq is very destructive to marriages and makes a mockery out of the rules of the deen. But as we have seen, it has been going on even since pre-Islamic times. I think that Islamic family law should be a standard part of Islamic education in Muslim nations, and that might help to reduce practices like these.

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