What is the Islamic ruling on three divorces in one meeting or together?
the answer :
The right way to divorce
The correct Shari'ah procedure for divorce in Islamic law is:
1) The wife should be given only one divorce at a time.
2) And this divorce should also be in a state of purity.
3) And in a state of purity in which he has not established intimacy or relationship with his wife.
Therefore, in a state of purity in which one has not had sexual intercourse with one's wife, one divorce is called divorce,
while three divorces at a time, or divorce in the state of menstruation and nifaas, or in a state of purity in which one has established a relationship with one's wife, is talaq. Divorce is bid'ah, ie it is not in accordance with the Sunnah and is bid'ah. The position of Imam Ibn Taymiyyah (may Allah have mercy on him) is that no matter how bad the divorce is, this divorce does not take place.
We also have the same position in this regard that divorce does not take place during menstruation and postpartum, and not more than one divorce takes place at a time, ie only one divorce takes place, and If a divorce is granted in Tahar, then that divorce does not take place, and in the same way, if one does not return after giving a divorce and another divorce is granted, whether in another Majlis, or in another Tahar, then it does not take place. It is Sunnah to return before the second divorce.
Since all these forms of divorce are bid'ah and bid'ah has not been proven in our religion, the Shari'ah ruling cannot be issued on the basis of bid'ah. Divorce will take place according to the method of divorce which has been described in the Qur'an and Sunnah, just as marriage will take place according to the method of marriage which has been described in the Qur'an and Sunnah. Therefore, to say that there is a method of divorce prescribed in the Qur'an and Sunnah, but if the divorce is granted in a different way, then the divorce will be bid'ah, but it is still done. Can happen. In this way, if the marriage is performed in a way that is different from the Qur'an and Sunnah, then it should be performed. Either don't call it bid'ah but when it is considered bid'ah then what is the meaning of accepting the religion of this bid'ah except confusion.
The Shari'ah has fixed a time for divorce. Divorce will take place at that time, just as there is a time for prayers. So the time of the second divorce is the second tahar, so to give it in the first tahar, is to bring it before its time. In the same way, praying at the time of Zawal will not lead to prayers, because these are the forbidden times for prayers, but menstruation and postpartum are forbidden times for divorce. And there are many wisdoms and benefits that the Shari'ah has fixed for the three divorces which are fixed by the three times, which are lost by enforcing the bid'ah divorce. More details on this can be found in our book "Dialogue" which can be downloaded from here.
If a woman is granted one divorce at a time while she is in a state of purity, then the divorce is called reciprocal divorce and her 'iddah is three menstrual periods. (Al-Baqarah: 228) Will And if the husband does not return after a divorce in a state of purity, then after the 'iddah has passed, the woman separates from her husband, but in that case the woman has two options:
1) Even if she remarries her ex-husband.
2) If she wants, she can marry another man.
This form of divorce is called talaq ahsan, in which the wife is divorced without recourse during the 'iddah, and there is also the option of remarriage. Due to our ignorance, people, even petitioners and lawyers send written notices of three divorces at the same time even though this practice is totally against Shariah. The words of a tradition are:
Mahmoud ibn Labid said: The news of the Messenger of God, may God bless him and grant him peace, about a man divorcing a woman is threefold. From concentration)
It is narrated on the authority of Mahmud ibn Labid that the Messenger of Allah, may Allah bless him and grant him peace, was informed about a man who had divorced his wife three times at a time. The Prophet (peace and blessings of Allaah be upon him) stood up in anger and said: Has the Book of Allaah been made a play while I am still among you? (Seeing the Messenger of Allah (peace and blessings of Allah be upon him) so angry, one of the people in the audience) said: Shall I kill him?
In the same way, Allaah says (interpretation of the meaning):
الطَّلَاقُ مَرَّتَانِ (Al-Baqarah: 229)
Divorce is twice.
In this blessed verse, it is not said 'divorce', that is, two divorces, but it is said that divorce is twice, that is, once it is a divorce and then another time another divorce will take place at another time. Therefore, only one divorce is permissible at a time.
Shari'ah ruling on three divorces at a time
Scholars differ on three simultaneous divorces. According to some scholars, three divorces at a time is counted as three and the general position of Hanafi scholars in Pakistan is that giving three divorces at a time is a bid'ah divorce and it is sinful to do so but three divorces will occur. While the position of another group of scholars is that three divorces at a time, divorce is bid'ah and the perpetrator will be sinful but these three divorces will be considered as one divorce only. This is the position of some Hanafi scholars in Pakistan and Ahl-e-Hadith scholars in general. The second position in our opinion
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