Law of Reciting Triple Divorce at Once

Greetings, Alaikum wr. wb. Editor of Bahtsul Masail NU Online, whom we respect. Please agree to discuss about the issue of divorce 3 (three) spoken at once. Did 1 (one) fall or 3 (three) divorces fall? thanks. Wassalamu 'alaikum wr. wb. (Muslim Alpanuji)

The answer

Wa'alaikumussalam wr.wb.

Dear questioners and readers, hopefully you will broaden your Islamic outlook and be tolerant. There are differences of opinion (ikhtilaf) among scholars regarding the issue of triple divorce which is spoken at once. Observing various fiqh literatures including al-Majmû 'by Imam al-Nawawî (631-676 H.), Bidatyat al-Mujtahid by Ibnur Rusyd (d. 565 H), and al-Fiqh al-Islami wa-Adillatuh by Sheikh Wahbah al-Zuhailî, about this problem can be grouped into four kinds.

First, the opinion that punishes triple divorce that is pronounced at the same time is triple divorce. This is the opinion of the Four Imams of the School (Hanafi, Maliki, Shafi'i, Hanbalî), Shiite Zaidiyyah in the opinion of the famous, and a history of Imamiyah, and the opinion of Ibn Hazm Az-Zhâhirî. This opinion is manq daril (taken) from the opinions of jumhur friends, including Khulafâ'ur Rashidun (besides Abu Bakr RA), Ibn ‘Umar, Ibn‘ Amar, Ibn ‘Abbâs, Ibn Mas'ûd, Abû Hurairah, and the tabi’in.

Second, the opinion which states that divorce three at a time only falls divorce one. This is the opinion of Daww Az-Zhayhir (the Zhahiriyah school in addition to Ibn Hazm), Ibn Ishâq, Ibn Taimiyyah, and Ibn Qayyim Al-Jauziyyah, Zaidiyah Shia in one history, and most of the Shi'ah Imamiyah, such as At-Thīs (385-460 H). This opinion, which was originally the opinion of Abu Bakar RA, was chosen and enforced in the Egyptian law of 1929, and the Syrian law on Family Law (Qânûn al-Ahwāl al-Syakhshiyyah) Articles 91-92.

Third, opinions that interpret (detail), namely separating between wives who have been intercourse by the husband who barks him and wives who have not been intercourse by her husband. Triple divorce is pronounced at the same time against his wife who has been associated with him, then divorce fell three, but against his wife who has not been intercourse, then divorce divorced (divorce Raj'i).

This third view is the opinion of the students of Ibn 'Abbâs RA including ‘Atha’, Sa‘îd ibn Jubair, Abûs Shayts', ‘Amar ibn Dânâr, who is the school of Ishâq bin Râhawiyah. His proof, among others, HR Abû Dâwud: "Do you know that if someone barks his wife three times before he has sex with him they make (punish) his divorce one?" (See An-Nawawi, Kitâb Al-Majmû ‘, [Pause, Maktabah Al-Irsyâd: without years], juz XVIII, page 275).

Fourth, the opinion stating that triple divorce does not fall at all (laysa bisyai '), because it is a heresy of muharramah (forbidden bid'ah), rejected and canceled, because it violates the procedures of the Qur'an and As-Sunnah about divorce. This is the opinion of Al-Hajâj bin Arthâh, Muhammad bin Ishâq, and Shia Imâmiyah in the history of rājih (superior).

The following are references to the triple divorce:

وإيقاع الثلاث للإجماع الذي انعقد في عهد عمر على ذلك ولا يحفظ أن أحدا في عهد عمر خالفه في واحة مه. قم قال: فالمخالف بعد هذا الإجماع مُـنـابذٌ لـه ، والجمهور على عدم اعتبار مَن أحدث الاختلاف بعد الاتفا

That is, "The fall of triple divorce - in the case of saying triple divorce all at once - is because of the ijmak that occurred during the reign of 'Umar bin' Affân, and there was no record of someone in his time opposing his opinion ... So the person who violated or opposed after ijma ' this means opposing his opinion, and the cleric Jumhur sees no judgment on people who make differences of opinion after an agreement on the law. " (Ibn Hajar Al-qAsqalânî, Syarh Shahîhil Bukhârî [Beirut, Dârul Ma‘rifah: 1379 H], juz X, page 364).

In fact, it would be better, especially the judge's decision, to follow the opinion that is lightening (takhfîf), as has been enacted in the laws in Egypt and Syria, so that it can become a stronger law (al-hukm al-aqwa) to be applied, which stipulates divorce three at a time is falling divorce one.

Taking or choosing a mitigating opinion (takhfîf) does not mean that it is against the decision of menentang Umar bin Khathab r.a. as also established four priests of the school, because the problem of legal norms is returned to (consideration) aspects of legal change because of changes in / urf / customs and human conditions.

Applying the opinion that takhfîf is intended to provide convenience (taisîr) for humans, and maintain the integrity of husband and wife relations, and protect the benefit of children, because the triple divorce utterance is usually to frighten, and clearly the principle of fiqh is solutive (problem) solving) and restore marital relations (ruju '). Allah knows best.

Source: https: // isla Thus this answer, so that it can be understood properly, and we avoid dropping divorce. We are open to the input of dear readers.

Wallahul muwaffiq ila aqwamit tariq Wassalamu alaikum wa rahmatulllahi wa barakatuh

(Ustadz Ahmad Ali MD)

Source: https://islam.nu.or.id