TRIPLE TALAQ (DIVORCE)
Despite all the preventive measures for a divorce, it does sometimes happen that a man acts in ignorance, or is rendered incapable of thinking dispassionately by a fit of anger. Then on a single occasion, in a burst of temper, he utters the word “divorce” three times in a row, “talaq, talaq, talaq!” Such incidents, which took place in the Prophet’s lifetime, still take place even today. Now the question arises as to how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he then be asked to extend his decision over a three-month period? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over a three-month period?
There is a Hadith recorded by Imam Abu Dawud and several other traditionists which can give us guidance in this matter: Rukana ibn Abu Yazid said “talaq” to his wife three times on a single occasion. Then he was extremely sad at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.”
A man may say “talaq” to his wife three times in a row, in contravention of the Shariah’s prescribed method, thereby committing a sin, but if he was known to be in an emotionally overwrought state at the time, his act may be considered a mere absurdity arising from human weakness. 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 is likely to be told that, having transgressed a Shariah law, he must seek God’s forgiveness, must regard his three utterances as only one, and must take a full three months to arrive at his final decision.
In the first phase of Islam, however, a different view of divorce was taken by the second Caliph, Umar ibn al-Khattab. An incident that illustrates his viewpoint was thus described by Imam Muslim. In the Prophet’s lifetime, then under the Caliphate of Abu Bakr and also during the early period of the Caliphate of Umar, three utterances of talaq on one occasion used to be taken together as only one utterance. Then it occurred to Umar ibn al-Khattab that in spite of the fact that a system had been laid down which permitted the husband to withdraw his first, or even second talaq, men still wanted to rush into divorce. He felt that if they were bent on being hasty, why should not a rule be imposed on them binding them to a final divorce on the utterance of talaq three times in a row. And he proceeded to impose such a rule. This act on the part of the second Caliph, apparently against the principles of the Quran and sunnah, did not in any way change the law of the Shariah. To think that this led to any revision of Islamic law would be to misunderstand the situation: the Caliph’s order merely constituted an exception to the rule, and was, moreover, of a temporary nature. This aptly demonstrates how the Islamic Shariah may make concessions in accordance with circumstances.
