What is Triple Talaq
Triple talaq is the practice in Sunni jurisprudence where a man can divorce his wife summarily by saying ‘I divorce you’ three times. This practice is called talaq al-bid’ah. The practice of Triple talaq is common in Muslim societies. .
Triple talaq differs from other forms of talaq in that it is instant. Whereas the other forms of Talaq require a waiting period, triple talaq does not. While this makes triple talaq advantageous to the men giving the divorce, it is one of the ways women have felt weak and vulnerable in the marriage relationship in Muslim history. In the Hanafi tradition it is believed that the talaq becomes binding even if the husband says these words in anger or in jest.
Is triple talaq permissible in Islam?
Triple talaq is a pre-Islamic divorce custom that does not reflect Quranic principles. But it became a legally valid form of divorce in traditional Sunni jurisprudence.
In recent times however there is a growing realization that the rule of triple talaq violates the teaching in the Quran and it is unfair to women. How this distortion came about is an illustration of errors in the rules of sharia.
Talaq in the Quran
Divorce is permitted in the Quran and the Hadith but it is strongly discouraged. Prophet Muhammad (pbuh) has said that “with Allah the most detestable of permitted things is divorce.” Accordingly, the discussion of this topic in the Quran encourages delay in finalizing divorce and creates opportunities for reconciliation. Let us consider the following ayas:
O Prophet, when you intend to divorce women, divorce them with a view to the iddah (waiting period) appointed for them, and reckon the period [carefully], and be conscious of Allah, your Sustainer. Do not expel them from their homes; and neither shall they [be made to] leave unless they become openly guilty of immoral conduct. These, then, are the bounds set by Allah; and he who transgresses the bounds set by Allah does indeed sin against himself: [for although] you know it not, after that [conflict between them] Allah may well cause something new to come about. (65:1)
And the divorced women shall undergo, without remarrying, a waiting-period of three monthly courses, for it is not lawful for them to conceal what Allah may have created in their wombs, if they believe in Allah and the Last Day. And during this period their husbands are entitled to take them back if they desire reconciliation; but, in accordance with justice, the rights of the wives are equal to the [husbands’] rights regarding them, although men have precedence over them. And Allah is almighty, wise. (2:228)
When they are about to reach the end of their waiting-term, either retain them in a fair manner or part with them in a fair manner. And let two righteous persons from your community witness [what you have decided]; and do yourselves bear true witness before Allah: thus are admonished all who believe in Allah and the Last Day. And unto everyone who is conscious of Allah, He grants a way out [of unhappiness].(65:2)
How does talaq work?
As you can see from the above verses wherever talaq is mentioned in the Quran, it is in conjunction with a waiting period. One purpose of the waiting period is to discover if the wife is pregnant.
But this waiting period is also an opportunity for reconciliation. The word talaq, usually translated as ‘divorce’, is meant to be a temporary separation at first. The husband and wife are asked to live in the same home, so there is a possibility of rekindling affection and getting back together. Even after the waiting period has passed, they are encouraged to remarry as is said in the following aya:
And when you have divorced women and they have ended their term of waiting, prevent them not from marrying their husbands, if they agree with each other, in a lawful manner. With this is admonished he among you who believes in Allah and the Last Day. This is more profitable and purer for you, And Allah knows, and you do not know. (2:232)
This procedure of divorce followed by a waiting period of three months and then reconciliation can be repeated only twice as is said in the following aya:
Divorce may be pronounced twice, then keep them in good fellowship or let them go in kindness. (2:229)
After the first talaq, the husband and wife could resume their relationship during the period of waiting, or to remarry after the waiting period is over. The procedure is the same after the second talaq, but not after a third divorce. After the second pronouncement of talaq, the husband and wife must decide if they want to continue their marriage or separate permanently.
It is thus clear that the Quran asks men to express the intention of divorce and wait for three months, and they have the permission to do the same a second time. Thus, a period of up to six months is introduced as a cooling off period in which he can change his mind.
Why do Muslims have triple talaq if it is against the Quran?
The Quranic rules for divorce are reforms over the practices of pre-Islamic Arabs in which a wealthy man could have an unlimited number of wives and he could divorce a wife instantly. One of their abusive practices was for a man to say to his wife: ‘I divorce you’ and then later say ‘I changed my mind, we are still married’ and he would do it again and again so that the wife would feel continuously insecure not knowing her standing in the marriage. To stop this abuse the Quran limited the number of remarriages to two.
The main tool available to Prophet Muhammad (pbuh) for implementing social change was word of mouth. He recited the ayas in the mosque and those who heard him told others, and they in turn told others in the Muslim community. People’s memories are not perfect and a change in meaning or emphasis can occur in chain oral communication. This social reform went against the grain of most men who were used to having total control over women. The idea that the Quran makes the divorce final after the husband pronounces it three times became known. It seems that some men ignored the waiting period and the warnings about being kind to the wife in the ayas, even in the time of Prophet Muhammad (pbuh). This is illustrated in a hadith in which it is reported that Prophet Muhammad (pbuh) became very angry when told of a man who divorced his wife summarily by pronouncing talaq three times at once.
The reformed rules of divorce introduced by Prophet Muhammad (pbuh) remained as a policy of the new Islamic government for only a few years after his death. During the time of the second Khalifa Umar an increasing number of men reverted to the practice of instant divorce. Umar resisted this for some time but eventually agreed that a man pronouncing talaq three times at one occasion would be a legally accepted divorce. It then became the common practice among Muslims that a man can divorce his wife instantly by repeating the word talaq three times.
Since Umar is believed to be a rightly guided Khalifa in the Sunni tradition, the scholars declared the instant divorce to be legitimate, although calling it talaq bid’i, i.e., a divorce innovation.
Triple talaq is not a part of Shia theology since Umar is not recognized as a legitimate Khalifa in the Shia tradition.
What are the types of talaq?
The consensus among Sunni scholars has been that there are three acceptable ways for a man to divorce his wife: (1) the procedure implemented by Prophet Muhammad (pbuh) is talaq ahsan (the best method for divorce), (2) if the man pronounces divorce three times at intervals of one month, it is called talaq hasan (a good procedure), and (3) if a man divorces by saying talaq three times at once, it is talaq bid’i (divorce of innovation).
Most men favored talaq bid’i and the practice of instant divorce took hold in the Muslim culture.
The costs of triple talaq
Triple talaq has caused insecurity and fear in the lives of uncountable millions of women in succeeding generations. It is difficult to overestimate the irreparable and lasting damage to Muslim society and culture.
The history of of triple talak is an example of how the scholars were influenced by prejudices of the societies they lived in and many times made rules opposing the wisdom of the Quran or the intentions of Prophet Muhammad (pbuh).
It was only in the second half of the twentieth century that some Muslim countries revised rules of divorce to protect women from the scourge of instant divorce. Notably, this reform was not initiated by the scholars but by secular Muslim activists who were inspired by the movement for women’s rights in western countries.
Although Quran’s teachings on this topic are reforms over the conditions that prevailed in pre-Islamic Arabia, they do not represent an ideal society. Even the most liberal interpretations keep women at disadvantage. Please note that all the ayas about divorce are addressed to men because they held all the power in Arab society. A man has the right to divorce his wife at any time, and the right to take her back if he so wishes. The husband has the right to have sex with her during the iddah period, even if she does not want to. A woman’s right to initiate a divorce is limited by the rules of khul in which she must pay her husband to get a divorce. Moreover, it is up to him whether to agree or not agree to the divorce. If she has enough resourcefulness, she can appeal her case in a court and the judge can annul the marriage even if the husband does not agree, but so far in history all the judges in Muslim courts have been men.
The everlasting teaching of the Quran is the principle of reform, to struggle to create greater fairness in all circumstances and at all times. It is not to adhere to the particular reform over the abysmal thinking of pre-Islamic Arabia.
Wrap up
You have now learned:
- what is triple talaq
- where the concept of triple talaq comes from
- Triple talaq is not in the Quran