| Author | Topic |
aslam
PAKISTAN
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 Topic initiated on Friday, October 24, 2003 - 5:40 PM 
Three Divorces In one Go
Assalam-u-Alaikum,
Are three divorces in one go valid? |
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saadiamalik
PAKISTAN
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Posted - Friday, October 24, 2003 - 8:28 PM 
Hmm...some would say, "yes"; others would say "no".
If I am not mistaken, all four imams would support such a procedure. Whilst scholars like Ibn Taymiyyah and presently, Javed Ahmad Ghamidi sahib, would not favour this.
If I stand corrected, I hope some learned brother/sister will do so...and explain the required.
Waiting...
Saadia
Wasalaam. |
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Razi Allah
PAKISTAN
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Posted - Saturday, October 25, 2003 - 1:10 PM
Not that i am learned or anything of that sort, will try to offer my understanding anyway.
It must be first appreciated that three divorces in one go is a practice akin to "playing with the Aayats of Allah and His Kitaab", borrowing from a saying ascribed to the Prophet(sws). It should be made clear that this is an aberration or a deviation from accepted behavior. A state can legislate to keep people from making a mockery of such an important matter.
It appears that the four Imams considered three divorces in one go valid. A good number of classical scholars can also be cited to support this view such as Abu Bakr Jassas and narratives of the Prophet(sws) and verdicts of his companions in this regard are aplenty to support this view. However some information can be gleaned which presents a different picture.
Ibn Taymiyyah firmly held the opinion that the three sentences of divorce spoken at the same time should be regarded as one revocable divorce. In doing so he pitched hmself against the earlier jurists and the theologians and government of his time. It is said that a royal edict was issued from Cairo in 718AH/1318AD forbidding him from giving legal opinions in such cases.
To me Javed sahib's reasoning in this regard seems quite plausible. If one were to accept a verdict simply by virtue of the names and stature of the people supporting it then the traditionalist view will weigh heavily against its opponents. But then in the world of scholarship, what matters is the reasoning and arguments behind a view and not the number or stature of people who support it.
If you can, download Moiz sahib's book "Kitaab Attalaq"
It can be accessed at: http://www.urdu.understanding-islam.com/related/bookdetails.asp?bookid=4
He has dealt well with the issue of three divorces.
Have a look at the following link as well:
http://www.renaissance.com.pk/jaed95.html
For the traditional view, go to:
http://www.jamiat.org.za/ttalaaqs.html
I hope this can be of help. |
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saadiamalik
PAKISTAN
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Posted - Saturday, October 25, 2003 - 2:15 PM
quote:
If one were to accept a verdict simply by virtue of the names and stature of the people supporting it then the traditionalist view will weigh heavily against its opponents. But then in the world of scholarship, what matters is the reasoning and arguments behind a view and not the number or stature of people who support it.
Assalaamu Alaikum.
...and agreed. Yes, the latter opinion seems more reasonable. Besides, it appeals more to human nature. At times, you utter nonsense while soaked in the thick of things - divorce happens to be one such thing...and if they're were no way out, the sacred institution of marriage would be far more delicate than it already is.
Anyway, this is not reason enough to accept either point of view. It would be good for everyone to access the referred links.
Allah Hafiz.
Saadia |
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aslam
PAKISTAN
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Posted - Saturday, October 25, 2003 - 5:22 PM
Salams,
Whatever I have gathered from Moiz amjad,s book "Kitab-u-Talaq"and his other writings that three divorces in one go is an aberration but the divorce is irrevocable. Does it make any difference? |
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Razi Allah
PAKISTAN
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Posted - Sunday, October 26, 2003 - 2:37 AM
Everyone consider it a deviation, traditionalist or otherwise. What Moiz sahib has explained is that whilst three divorces in one go are irrevocable, the number of divorces would depend upon the intention of the person. If his intention was of pronouncing one divorce but in a paroxysm of rage pronounced it thrice or a thousand times, it would be counted as one divorce. Contrarily, if he intended to use up all the chances and close the doors of revision and review then three divorces would be implemented, having prima facie credibility, thereby permenantely severing his relationship with his wife.
Thus you can see that there is a big difference between the first and the second case, one still having a chance to redeem and the other practically none whatsoever. |
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aboosait
INDIA
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Posted - Tuesday, August 26, 2008 - 11:02 AM
The common Muslim is Islamically illiterate and is unaware that 'triple divorce' (proclaiminag 'talaq' thrice in one sittings) is a sinful form of divorce and Holy Prophet has strongly disapproved of this form of divorce.
There are four key words in Qur'an 'adl, ihsan, rahmah and hikmah (i.e. justice, benevolence, compassion and wisdom) and triple talaq is against all these key words. Neither it is justice, nor it is benevolence (ihsan), nor is it compassion (rahmah) nor is it an act of wisdom (hikmah).
According to the Qur'an the divorce is pronounced thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her `Iddah). The divorce becomes irrevocable after the third divorce, as Allah said:
[الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ]
(The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.)
Further study reveals that the three talaqs have to be spaced over a period of three months so that husband and wife get enough time for reconciliation through intervention of relatives and friends. |
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aboosait
INDIA
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Posted - Tuesday, August 26, 2008 - 11:12 AM
quote:
.........Contrarily, if he intended to use up all the chances and close the doors of revision and review ......
Such an intention is unislamic in the light of the verse I have quoted in my previous post. |
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