Triple talaq under Hanafi law

Classical Hanafi law, especially as it is practiced in IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more, seems to take the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that triple talaq is sinful yet effective as an irrevocable divorce. See, e.g., Mulla p. 261-62; The Hedaya, p. 72-73, 83. On the other hand, Ameer Ali suggests that a triple talaq can be revoked within the iddat period. p. 436. Maulana ‘Umar Ahmad ‘Usmani, in The Quran, Women and Modern Society, by Asghar Ali Engineer, New Dawn: New Delhi (2005), states that Muhammad ibn Muqatil, a Hanafi jurist, gave evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 indicating that Imam Abu Hanifa developed a second opinion that a triple talaq constitutes one talaq and that it can therefore be revoked within the iddat period. Maulana ‘Umar Ahmad ‘Usmani quotes from Fath al-Bari by Hafiz Ibn Jahar al-Asqalani, who states that many eminent jurists have held the opinion that three talaqs pronounced in one sitting constitute only one talaq. Maulana Wahiduddin Khan, in Concerning Divorce, Goodword Books: New Delhi (2003), p. 29, says that in the case of a man who was ’emotionally overwrought’ when pronouncing talaq three times, ‘His three utterances of the word talaq may be taken as an expression of the intensity of his emotions and thus the equivalent of only one such utterance.’ He further gives the example of a Hadith recorded by Imam Abu Dawud in which Rukana ibn Abu Yazid said ‘talaq’ to his wife three times in one sitting, and then regretted his action. When he told the Prophet Muhammad (peace be upon him) how he had divorced his wife, the Prophet (pbuh) observed, ‘All three count as only one. If you want, you may revoke it.’ p. 28-29 (original Hadith found in Musnad Ahmad ibn Hanbal). There is also a Hadith reported by Abdullah ibn Abbas that in the Prophet’s (pbuh) lifetime, during the caliphate of Abu Bakr, and during the first two years of Umar ibn al-Khattab’s caliphate, triple talaq was counted as one talaq only, but that Umar then made triple talaq binding upon his people so that they learned the consequences of their hasty actions. Sahih MuslimMuslim A community gathered around Muhammad (d. 632 CE) and confessed that Muhammad was the last of Prophets and he received Quran through Zibreel Farista from Allah. Hadith of Sahih Bukhari faithfully recorded the commands of Muhammad. He acknowledged the contribution of Jesus to the Abrahamic Religion. 3491. Maulana Wahiduddin Khan observes this rule was of a ‘temporary nature’ and was specific to the people of the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”), and that the ‘ijma of the Companions on Umar’s decision was also temporary, as ‘ijma cannot override the system of divorce prescribed in the Quran. p. 30, 32. He notes that the Shariah is eternal, but that a Muslim ruler can make exceptions in special circumstances and can ensure that women affected by such a ruling are fully compensated. p. 30-31. He concludes that scholars today cannot justify enforcing triple talaq by citing Umar’s ruling because they do not have the powers of a Caliph as Umar had. p. 32. It seems that modern Indian Hanafi scholars have taken this opinion as well: the Compendium of Islamic Laws, 2001, Part II, Section 24, states the following: If a person pronouncing talaq says that he intended only a single talaq and repeated the words of talaq only to put emphasis and these words were not meant to pronounce more than one talaq, his statement on oath will be accepted. Translated by Mahmood. (Also see: The Muslim LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New Delhi (2002),p.107, where the learned author noted: In India there has been no legislation in this regard, but the muftis of the time now agree that if a man pronounces the so-called ‘triple talaq’ but later swears that he did not mean it, his declaration may be given the effect of a single talaq revocable during iddat and, if not so revoked, leaving room for a fresh nikah thereafter with the wife’s consent’). Such a view is, perhaps, based upon an application of the following legal maxim of Islamic law – Al-umuru bi-maqasidiha : Acts are judged by the intention behind them.

Sheikh Sayyed Sabiq in Fiqh As-Sunnah states on the subject of triple talak that although the majority opinion is that triple talak will count as three divorces, other scholars such as Ibn Taymiyyah and Ibn al-Qayyim, as well as Companions like ‘Ata’, Tawuus, Ibn Dinar, ‘Ali ibn Abi Talib, Ibn Mas’ud, ‘Abdur-Rahman ibn ‘Awf, Az-Zubayr, were of the opinion that it counts as only one pronouncement of divorce. He then says, ‘This latter view is believed to be the most correct.’ Some go as far as to argue that there is ijma’ that triple talak counts as three talaks. However, according to the requirements for ijma’ (in the Hanafi madhab), ‘no opinion to the contrary should have been expressed on the question by any of the Companions, or by other Mujtahids before the formation of the Ijma’,’ and ‘none of the Mujtahids taking part in the decision should have afterwards changed his opinion.’ Abdur Rahim, p. 145. Here, the first condition is certainly not met, and the second is arguably not met. Finally, many Muslim countries, including Algeria, Egypt, Jordan, Morocco, Sudan, Syria, and Yemen, have implemented laws that uphold the notion that a triple talak counts as only one talak. Personal Law in Islamic Countries, Tahir Mahmood, Academy of Law and ReligionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma.: New Delhi (1987).