Skip Navigation


International Journal of Law, Policy and the Family Advance Access originally published online on January 29, 2009
International Journal of Law, Policy and the Family 2009 23(1):53-61; doi:10.1093/lawfam/ebn019
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
23/1/53    most recent
ebn019v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Ahmad, N.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

International Journal of Law, Policy and the Family, Vol. 23, No. 1, © The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org.

A Critical Appraisal of ‘Triple Divorce’ in Islamic Law

Nehaluddin Ahmad

Senior Lecturer, Faculty of Business and Law, Multimedia University, Jalan Ayer Keroh Lama,75450 Mesa, Malaysia


  Abstract

The issue of the ‘triple divorce’ is regarded as highly sensitive among the Muslims, not only in India but elsewhere. The Holy Qur’an is very cautious in matters of divorce. Three talaqs have to be spaced over a period of 3 months to give husband and wife time for reconciliation through the intervention of relatives and friends. Moreover, talaq can be pronounced only when the wife is in a state of tuhur, ie purity after menstruation. Yet, despite clear Qur’anic injunctions to the contrary, immediate triple divorce is permitted, destroying marital life in one breath. The practice of immediate triple divorce is widespread among Sunni Muslims and has legal validity. Even then the jurists call it a talaq-e-Bidat (innovative form of divorce). The dispute has been highlighted by reports of some Muslims instantly divorcing their wives by mail, over the telephone, and even through mobile phone text messages. This article explains the different theories of divorce prevailing in the contemporary Muslim world and what checks and restraints have been imposed by Islam over the exercise of husband's power of talaq. The article critically appraises the ‘innovative triple divorce’ by examining whether it is sanctioned by the Holy Quran or the sunnah and if there is a consensus of opinion (ijma) on the effectiveness of triple divorce.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.