Classical Hanafi law, especially as it is practiced in India, seems to take the opinion 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 evidence 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 Muslim 3491. Maulana Wahiduddin Khan observes this rule was of a ‘temporary nature’ and was specific to the people of the time, 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 Law 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 Religion: New Delhi (1987).