Triple Ṭalāq
When disagreements between a husband and wife reach an intense level, and all paths to reconciliation are closed, divorce becomes an unavoidable means of separation. We all know that issuing three divorces in one go is not employed as part of this necessary process; rather, it stems from a motive of violating women’s rights and humiliating and degrading them. This is a clear violation of the guidance of the Qur’an, in which men are instructed to uphold good conduct and noble character when giving divorce. Just as at the time of marriage it is necessary to observe the norms of affection and goodwill, to pronounce three divorces in a fit of rage and hatred is a deviation from Divine command—a barbaric and inhumane act, and a disregard for the principles of mercy and mutual love among Muslims.
The Qur’an nowhere mentions triple divorce in one sitting. Hadith explicitly states that such a divorce is invalid and counts only as one. Sayyidunā ʿUmar (may Allah be pleased with him) did not abrogate the rulings of the Qur’an and Hadith—clearly, because no one besides a Prophet can abrogate a command proven by revelation. As the Commander of the Faithful, he enforced it as a penalty to prevent people from engaging in this reprehensible act. The jurists too, in following Sayyidunā ʿUmar in their times, treated it as binding. However, all jurists agree that issuing three divorces in one go is wrong, and many have even labelled it a bidʿah (reprehensible innovation). In times of Islamic dominance, such a punishment was suitable as a method to deter this innovation.
Today, if this inappropriate method of divorce were used only occasionally, it might not be such a cause for concern. After all, every legal system is at times misused. But sadly, the reality is that in general, people understand divorce to mean issuing three divorces in one go, in a hateful and insulting manner. If a law is continuously exploited, leading to persistent humiliation, suffering, and injustice, then what value or legitimacy remains in such a law for the believers? Indeed, an Islamic law—even when misused—retains symbolic value, representing the faith and its followers. However, the fundamental value of any law lies in its role in establishing and upholding justice. If a law fails to serve this purpose, then it becomes a religious obligation to reform it, or perhaps even to suspend it temporarily—until its true objective is clarified, and it paves the way for mercy and love, and until those acting upon it are properly trained in understanding and intent.
Failing to grasp this reality has led to the widespread acceptance of loathsome, vile, and abhorrent practices such as ḥalālah—a practice no believer, or indeed any person of honour, can tolerate. For this reason, in many Muslim countries, such divorces have long been deemed contrary to state law and considered null and void.
So long as ignorance remains prevalent in Muslim societies, and the disgrace and abuse of women continues unchecked, and people do not refrain from committing accursed acts like ḥalālah, this bidʿah-style divorce must be considered ineffective. In fact, penalties should be imposed on such men. This is entirely in accordance with the spirit of the Qur’an and Sunnah and is the means to uphold enduring principles such as justice, fairness, and kindness.
Disclaimer: This article was translated by AI. It was sent directly from Shaykh Akram and is not from a public Telegram post.
