Fiqh muqaran in munakahat matters

Slide presentation for "Fiqh muqaran in munakahat matters"

Issue 1: Utterance Three Talaq in One Lafz
Issue 2: Fasakh Due to Darar

Divorce (ṭalāq) in Islam is a last-resort solution permitted when reconciliation between spouses is no longer possible. While Islam outlines a structured and gradual divorce process that prioritizes reflection and possible reunion, certain practices have emerged that contradict these principles. One of the most debated is the utterance of three divorces in one statement referred to as ṭalāq thalātha fı̄ lafẓ wāḥid such as when a husband says, “I divorce you three times” in a single breath, with the intention of ending the marriage immediately. Traditional Islamic jurisprudence, particularly from the Shāfiʿı̄, Ḥanafı̄, and Mālikı̄ schools, generally considers this utterance as resulting in an immediate and irrevocable divorce (ṭalāq bāʾin kubrā), meaning the couple cannot reconcile unless the wife marries and separates from another man. However, scholars like Ibn Taymiyyah and Ibn al-Qayyim opposed this view, emphasizing that such an utterance should only be counted as one revocable divorce, citing practices from the time of the Prophet Muhammad (PBUH), who disapproved of issuing three divorces at once (Ismail, 2022). In Malaysia, this issue is carefully regulated under the Islamic Family Law Enactments of each state, and is subject to confirmation by the Syariah Court. The utterance of three divorces in one statement is not automatically recognized as three valid divorces.