So… umm i think a thread regarding TALAK is already been posted here but my question is different …
i want to know tht some people say syaing TALAK 3 times at once is a talk… some say no in a life tym if husbands say 3 times tlak on different occasions even separately talak ho jati he…
i want to know ur opinions n what u think about it…
wese tu to ask we have a buzrg n our family i asked him n he says yes 3 times kehna ho ta he ab chahe woh aik baar kehdo yeh phr 3 different occasions pe ik ik bar…
lets c if i can have another theory or believe in it…
sorry my main q of posting a thread is * agar husband wife ko 3 different occasions pe talak de chuka he but then cuz evry time its once n then they patch up n forget bout the talak part n they dont realize or actually didnt knew ke 3 differentoccasions per talak kehne se talak ho jati he tu after tht the time they spend together sharing lyf sharing bed shasring emotions… kia woh sab gunah zinha me include hoga…?
According to the Hanafi fiqh, if the Talaq word is used 3 times either in one sitting or 3 different sittings then Talaq is complete.
If the man gives one Talaq, and the husband reconsiders immediately, the lady can go back to him without having to go through a nikaah, but if she has completed the iddat then a nikaah has to be performed. Same rule after 2 Talaqs. However, after 3 Talaqs, she must marry another person and the marriage must be consumated if she wishes to remarry the first husband.
But it is better to always consult a mufti and get a detailed understanding of the specific situation.
ALso, if the husband has said this word at 3 different times, I believe it is a talaq. These things have serious implications and we must not misuse the rights that we have been given. Anger and emotion often lead to regretful decisions.
Please consult someone who is an aalim or mufti for sure.
According to the Hanafi fiqh, if the Talaq word is used 3 times either in one sitting or 3 different sittings then Talaq is complete.
If the man gives one Talaq, and the husband reconsiders immediately, the lady can go back to him without having to go through a nikaah, but if she has completed the iddat then a nikaah has to be performed. Same rule after 2 Talaqs. However, after 3 Talaqs, she must marry another person and the marriage must be consumated if she wishes to remarry the first husband.
But it is better to always consult a mufti and get a detailed understanding of the specific situation.
ALso, if the husband has said this word at 3 different times, I believe it is a talaq. These things have serious implications and we must not misuse the rights that we have been given. Anger and emotion often lead to regretful decisions.
Please consult someone who is an aalim or mufti for sure.
My understanding is same about the issue, and my suggestion also will be to contact a scholar - a mufti.
Just want to make two points that I have read in books:
The above is according to Hanafi Fiqh. I atleast know about Hanbali fiqh, they consider 3 talaaq in one sitting to be one talaaq. In hanafi fiqh, it is three talaaq but considered a bida'a...
Regarding bold statement: it is agreed upon by scholars that to marry another person with the sole intention to get talaaq later in order to go back to previous husband (called shara'i halaala) is considered Haraam. A divorced woman can re-marry previous husband only if she is divorced on other reasons from her current husband or becomes a widow.
Contact a scholar to get the correct response. You will get all sorts of responses here, believe me.
AQ, I think that halala is OK according to hanafi , that means doing nikah with intention of talaq so woman can remarry previous husband
But I am not sure
Halala is Ok so long as the second marriage is is not done with the sole intention of re-marrying previous husband, or so I read in the book by Yousuf Ludhiyanvi - a compilation of his famous "Aap kaY masaaiL aur unn kaa ha'L" ...
The majority of scholars state that if the husband pronounces the divorce of his wife three times on one occasion, it will be counted as three divorces. This is the opinion of many of the Prophet's Companions, the majority of the successors, and the imams of the four schools of fiqh.
Other scholars including Ibn Taymiyyah, Ibn al-Qayyim are of the opinion that it should be counted as only one pronouncement of divorce.
From Islamonline
Halala with the intention of divorce is not allowed.
Talaq is a procedure Which is incomplete without iddat. Steps are layed down in quran in detail. There is iddat after each Talaq . So three talaq at once can not happen logically, according to quranic procedure (reference chapter 2, verses 220-250). Making it legal is a blasphemy of Holy Quran and mockery of Sunnah.
Halala is acceptable only if happens naturaly , not pre-planed. As explained by AQ in post # 4 point #2
[quote]
sorry my main q of posting a thread is ***
***agar husband wife ko 3 different occasions pe talak de chuka he but then cuz evry time its once n then they patch up n forget bout the talak part n they dont realize or actually didnt knew ke 3 differentoccasions per talak kehne se talak ho jati he tu after tht the time they spend together sharing lyf sharing bed shasring emotions.... kia woh sab gunah zinha me include hoga.....?*
**
[/quote]
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Yes ! Wo sab zina main include hoga !
I would personally not recommend anyone to go to any Aalim for understanding Talaq procedure. Becasue if you go to 4 different scholars they would give 4 different opiniions
Everyone should read the procedure in quran, which is very easy to understand.
I think any marriage done with the intention of getting divorce … for what ever reason … is deemed to be haram …
I dont see any difference btw Nikkah Halaala and Nikaah mutah …
I am not clear on this issue ……. As per your statement code bhai …. If there is an Idaat for each talaq …. And yr man gives them in three instalments … aint we asking the woman to spend approximately a year in Idaat
I think you might be referring towards Talaaqus Sunnah , in which, each of the three Talaaqs are pronounced in the consecutive three Tuhur (Woman’s Period of Cleanliness between two consecutive Menses).
Talaq is a procedure Which is incomplete without iddat. Steps are layed down in quran in detail. There is iddat after each Talaq . So three talaq at once can not happen logically, according to quranic procedure (reference chapter 2, verses 220-250). Making it legal is a blasphemy of Holy Quran and mockery of Sunnah.
.
Each Talaq? Pronunciation of Talaq three times in one sitting or pronunciation of one talaq in three different sittings?
First Talaq is accompanied by the stipulated period of iddat. (as ordered in quran ) same is the procedure for 2nd talaq and 3rd Talaq ( if & when need arises )
Period of iddat can not be detached or skipped from Talaq. So 3 talaqs at once is not possible, according to rules and regulations of holy quran.
[quote]
I am not clear on this issue ……. As per your statement code bhai …. If there is an Idaat for each talaq …. And yr man gives them in three instalments … aint we asking the woman to spend approximately a year in Idaat
[/quote]
Alysh bhai. There is no requrement 2nd or 3rd talaq for separation between husband and wife.The simple islamic procedure of divorce is following :
"Muslim man can invoke Talaq , pay Haq meher (if not already paid) and then women would live with him ( or the residence provided by him) during the stipulated period of iddat. They can re-consider the decision during this period. After the completion of iddat the procedure of Talaq (divorce) is complete. Man and women are free to marry anyone they like. Even they can re-marry eachother, of course with a new haq meher. gifts exchanged, given to wife should not be sought back."
^ If Husband and wife reconcile the differences and chose to live together they can do so. 2nd & Third Talaq is an option for later part of life. Divorce is complete with 1 talaq and 1 period of Iddat.
Just to streamline the procedure of Talaq, I recomend there should be a Talaq Nama (single page document) Just like we have an excellent document in the form of Nikah Nama , in pakistan.
There would be no ambiguity or confusion if they jot down this simple procedure
Just like oral nikah has not legal status in pakistan. And there should be complete ban on oral talaq.
I completely agree with Code_Red. Additionally to the written document, there should also be a requirement of witnesses. This silliness of am I divorced or not is so stupid, and regardless of what you do you are in the risk of committing zina in the eyes of some molvi or the other.. if you think you're divorced and remarry.. its zina for the molvi who says marriage nahi dissolve hui
THNX EVERY ONE THNX ALOT THEY WENT TO A MUFTI TODAY N HES SAYIGN SOME HOW THE PROCEDURE IS NOT HOW IT AHUD BE N IDDAT SE PEHLE HI THEY WERE TOGETHER F9 N THEY HAD SEX SO THE TALAQ IS NOT DONE... THEY BOTH R STILL HUSBAND N WIFE :)
The favoured opinion should the current climate of ignorance of Islam be taken into account then three times in one sitting should count for only 1 talak. This is because:
a) People do not know
b) Abuse the talak process i.e. usually women are oppressed by the sudden talak
c) People nearly always get back together after the three instant talaks have been given
d) People give talak out of anger these days rather than the proper reasons
In the time of Umar (RA) the community had a level of maturity that deserved the strictness of the 3 times in 1 sitting basis, but not today.
Code_Red has given good points, but one distinction needs to be made, either the 3 month is complete or the pair get together again. Potentially the pair could get back together each day after 1 talak, or each hour after 1 talak. Also, the opinion could have been based on minimising the risk of zina had three to be counted as three. In any case it is a strict opinion because it does not allow the man to rethink and feel guilty for his decision.
