Exploring the intersection of faith, gender justice, and legal frameworks.

Article#1

Name: Rumana Farooqui

Batch: CTB4

Date Of Submission: 5th July’25

Exploring the intersection of faith, gender justice, and legal frameworks.

Triple Talaq: A point of disagreement Among Muslims Based on Quranic Interpretations.

Major Area of Disagreement: 

The issue of triple talaq (instant divorce) has been a matter of significant debate within the Muslim community for centuries. The practice involves a husband pronouncing “talaq” three times in a single sitting, after which the marriage is considered immediately and irrevocably dissolved. A large body of scholars view this as an innovation (bid’dah) and inconsistent with the Qur’anic procedure of divorce, which requires waiting periods (Iddah) and opportunities for reconciliation. However, other jurists, relying on certain classical legal schools, maintain that although triple talaq is discouraged, it is nonetheless legally valid and binding once pronounced.

Arguments against Triple Talaq :-

• The basic principle is that Talaq is permissible according to the text of the Qur'an and the Sunnah.

• Allah says:

“The divorce is twice, after that, either you retain her on  reasonable terms or release her with kindness.” (Qur’an 2:229)

“O Prophet! when you divorce women, divorce them at their Iddah (Prescribed periods) and count (accurately) their “Iddah (Periods)." (Qur'an 65;1)

• It was narrated from Umar Ibn Khattab' (RA) that the messenger of Allah (SAW) divorced Hafsa (RA) by Talaq then took her back.(1)

"And if they decide upon divorce"

(Qur'an 21227)

• So divorce is based on decision, intention and choice. 

• Ibn Abbas said: Divorce should be for a reason, ie. it is done in cases of need, by deliberate choice and intention.

• Ibraheem Al Nakh'i; (RA) said: "Talaq is that which is intended to be Talaq.”

Arguments in favour of triple Talaq :-

• Second Khalifah Umar Farooq (RA) enforced triple Talaq, as per which no one will be permitted to take his wife back after pronouncing three divorce in one go.

• Umar Farooq (RA) made such in interpretation or social decision for avoiding hassle. Indeed It was need of the hour. So in some specific cases, it could be need of the modern time as well.

• Some argue that triple Talaq provides a quick and easy solution for couples who are experiencing difficulties in their married life

Underlying causes of disagreement :-

The disagreement over triple talaq stems from differing interpretations of Quranic verses, linguistic nuances and historical context. Additionally, cultural and social factors have Played a significant role in shaping attitudes towards triple talaq.

In some Muslim majority countries, triple Talaq has been influenced by patriarchal and  societal norms and has been used as a mean of controlling women.

Conclusion:- 

By examining the differing viewpoints and underlying causes of above disagreements, we can gain a deeper understanding of the nuances of Quranic interpretation and importance of contextualizing Islamic principles in Modern times.

References:-

Narrated by Abu Dawood, 2283; Ibn Maajah, 2016; with a Saheeh Isnaad.

Book: Women’s Rights in the Qur’an; Women and Modern Society.

Author: ‘Umar Ahmad Usmani.’

Book: Important Lessons For Muslim Women.

Author: ‘Amr Abdul Mun’im Saleem

 Islamic Scholarly work done on Divorce.