Re: Procedure for Divorce?
First of all Wikipedia is not the right place to get your Islamic knowledge from, anyone can put up stuff there and edit it.
Based on the Noble Qur'an and Hadith of Rasulullah (Sallallaahu Alayhi Wasallam), the four most respected and distinguished scholars, viz. Imaam Shaaf'ee, Imaam Abu Hanifa, Imaam Maalik, Imaam Ahmed bin Hanbal (Rahmatullaahi Alaihim) hold the view that three Talaaqs occur even when they are issued simultaneously.The discussion hereunder elaborates on this question in detail.
Allah says in the Noble Qur'an:
'Divorce is twice'. (Qur'an 2;229)
In Jalaalain Shareef, a widely accepted commentary of the Noble Qur'an, the explanation of the above verse is given as follows:
'The issuing of divorce after which it is correct to revoke - two (divorce)'
'If the husband divorces (his wife) after two divorces then she is not Halaal for him after the third divorce'.(Jalaalain p.34)
Explaining the above verse, Abu Bakr Jassas Razi (Rahmatullaahi Alaihi), an expert in Jurist, states in Ahkaamul Qur'an:
If both Talaaqs are given together, both will be effective and this is clearly indicated in the Qur'an. (Vol. 1 page 387)
'(Upon issuing the third divorce), she (the wife) will not be permissible for him (the husband). There is no difference whether the (divorces) were given in one Tuhr (clean period) or two different Tuhr (clean periods). The ruling will apply with regard to the issuing of all three divorces in which ever way the husband had issued them'.(ibid)
Allama Alusi (Rahmatullaahi Alaihi) states:
(And this ruling) upon which the people of Haq (Truth) today have opposed all of that (three Talaaqs being one). ( Ruhul Maani Vol. 2 p.13)
Hadhrat Ali (Radhiallaahu Anhu) reports that when Rasulullah (Sallallaahu Alayhi Wasallam) heard one person giving his wife three divorces, Rasulullah (Sallallaahu Alayhi Wasallam) became angry and said:
'You are making a mockery of the verses of Allah and the Deen of Allah. Whosoever gives his wife a terminating divorce, we will make three binding on him. His wife will not be Halaal for him until she does not marry another husband.' (Darul Qutni Vol.4 p.20)
'It is reported from Mahmood Ibn Labid that Rasulullah (Sallallaahu Alayhi Wasallam) was informed of a person who had given his wife three divorces at once. Rasulullah (Sallallaahu Alayhi Wasallam) stood up in the state of anger and said, 'Are you playing with the Aayats of Allah and His Kitaab whilst I am among you.' A person stood up and said, 'Oh Rasulullah! Should I not kill him?' (Mishkaat Vol2 p.284)
'Ibn Umar (Radhiyallaahu nhu), was asked about a person who gave Talaaq three times. He remarked, 'If he had given her one or two divorces he could have taken her back for which Rasulullah (Sallallaahu Alayhi Wasallam) ordered me the same. But if he had given her three Talaaqs then she is Haraam upon him until she marries another man.' (Bukhari Vol2 p.792)
Once Imaam Hassan (Radhiyallaahu nhu) told his wife:
'Go away, for you are divorced thrice'
When he was grieved at the separation of his wife, he said:
'If I had not heard my grandfather (Rasulullah) (or if my father did not tell me that he heard my grandfather) saying, 'Whosoever gives his wife three Talaaqs in the state of Tuhr (cleanliness) or three Talaaqs together, she is not Halaal for him until she does not marry another man, until then he cannot take her back.' (Darul Qutni Vol. 2 p.438)
This incident reiterates the fact that three Talaaqs in one sitting is three and not one. If anyone who was worthy of any exception to the Law, it would be the illustrious grandson of Rasulullah (Sallallaahu Alayhi Wasallam), Hadhrat Hassan bin Ali (Radhiyallaahu Anhu). However, this was not the case. The rule of three Talaaqs in one sitting was binding on him too.
Imaam Nawawi (Rahmatullaahi Alaihi) writes:
'Imaam Shaaf'ee, Imaam Maalik, Imaam Abu Hanifa, Imaam Ahmad and all the Ulama of the past say that three Talaaqs in one sitting is three.(Muslim vol.1 p.478)
Imaam Maalik (Rahmatullaahi Alaihi) in his Muwatta'a quotes the Fatwa of Ibn Abbas (Radhiyallaahu Anhuma) as follows:
'It has reached me (Maalik) that one person said to Ibn Abbaas, "I divorced my wife a hundred times, what will you rule on me?" Ibn Abbas said, "She is divorced from you with the first three Divorces and for the ninety-seven, you have taken the Aayats of Allah as a mockery."
And the Hadees of Hazrat Umer r.a. is taken out of context, it was not the fatwa of Hazrat Umer r.a. but he was just enforcing the ruling thats in Quran and Sunnah. And whose words are (was treated)?