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Hameedeh

India rules against Triple Divorce

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1 minute ago, Hameedeh said:

This is new at Wikipedia: On 22 August 2017, the Indian Supreme Court struck down instant triple talaq (talaq-e-biddat) and termed it unconstitutional.[3] 

What is shia view on tripple divorce. How it's interpreted or applied. 

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@Hameedeh @islam25 @baqar

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The issue has attracted media attention in the past two years since a Muslim organisation, Bharatiya Muslim Mahila Andolan (BMMA), launched a campaign to ban triple talaq and "nikah halala" - a practice where divorced women, in case they want to go back to their first husbands, have to consummate a second marriage.

There is no such thing triple divorce and Nikah Halala in Shias. It's all sunni made up stuff. 

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13 hours ago, baqar said:

As far as I know, it doesn't exist. 

 

6 hours ago, Ron_Burgundy said:

There is no such thing triple divorce and Nikah Halala in Shias. It's all sunni made up stuff. 

Yes there are rulings for a third divorce. Below is one of them, and I'm sure there is more.

Q: A husband has divorced, and returned to, his wife twice and then divorced her for the 3rd time, should she observe waiting period then? Knowing that he did not practice coitus with her for the last 18 months and there were no physical contact between them during the same period.
A: For the waiting period to be obligatory after the 3rd divorce it is enough that the marriage was consummated before the first divorce. Also, she becomes ḥarām for her first husband unless she gets married to another person permanently and has vaginal intercourse with him along with all conditions mentioned in the chapter of divorce [of the books on practical laws of Islam]. Then, if the 2nd husband divorces her, she can marry the first one.

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5 hours ago, Hassan- said:

Yes there are rulings for a third divorce. Below is one of them, and I'm sure there is more.

Q: A husband has divorced, and returned to, his wife twice and then divorced her for the 3rd time, should she observe waiting period then? Knowing that he did not practice coitus with her for the last 18 months and there were no physical contact between them during the same period.
A: For the waiting period to be obligatory after the 3rd divorce it is enough that the marriage was consummated before the first divorce. Also, she becomes ḥarām for her first husband unless she gets married to another person permanently and has vaginal intercourse with him along with all conditions mentioned in the chapter of divorce [of the books on practical laws of Islam]. Then, if the 2nd husband divorces her, she can marry the first one.

so it only applies after 3rd divorce? In sunni Tradition if you get divorce from first husband you have to marry someone else and do hanky panky with him. Then, if second husband divorces her she can marry her first husband. 

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1 minute ago, Ron_Burgundy said:

so it only applies after 3rd divorce? In sunni Tradition if you get divorce from first husband you have to marry someone else and do hanky panky with him. Then, if second husband divorces her she can marry her first husband. 

After the women divorces her first husband three consecutive times, it is haram for them to get re-married again unless the women marries another man and divorces him, than she can go back to her first husband.

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Just now, Hassan- said:

After the women divorces her first husband three consecutive times,

What if a man divorces her? and what do you mean by three consecutive time? Like you get married and get divorce and remarry her and divorce her again and marry her 3rd time and give 3rd divorce? 

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1 minute ago, Ron_Burgundy said:

What if a man divorces her? and what do you mean by three consecutive time? Like you get married and get divorce and remarry her and divorce her again and marry her 3rd time and give 3rd divorce? 

Doesn't matter who divorces who. And yes there needs to be three divorces between the couple where they become haram to each other, unless the women marries another man and has sexual intercourse with him. The fatwa is clear.

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11 hours ago, Ron_Burgundy said:

What if a man divorces her? and what do you mean by three consecutive time? Like you get married and get divorce and remarry her and divorce her again and marry her 3rd time and give 3rd divorce? 

What I came to know. 

For ist two Talaqs one is free to remarry. But after third Talaq. He can't remarry until she has to marry another person. Then if he divorces her then ist one can remarry. 

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20 hours ago, islam25 said:

What is shia view on tripple divorce. How it's interpreted or applied. 

Sunnis believe in "Triple divorce"  to say 'talaq, talaq, talaq' at one time because the man is so angry that he wants to be rid of her forever. In Shia Islam, there is no such thing. In Shia rulings, triple divorce means getting divorced three different times: marry, divorce, iddah, marry, divorce, iddah, marry, divorce, iddah. 

Both Shias and Sunnis believe that after a man divorces his wife three times, she has to marry someone else, consummate the marriage, divorce and wait her iddah before she can marry her first husband again. This ruling is from the Holy Qur'an:

Quote

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ 

So if he divorces her, she shall not be lawful to him afterwards, until she marries another husband .... [Holy Qur'an 2:230]

However, if she tells her first husband that she has married and divorced someone else and her iddah is over, if time has sufficiently passed by and he trusts her to be truthful, he does not need to investigate and he can marry her again if they are both willing:

Quote

Divorcee's Claim of Tahlil

The Imami, the Shafi'i and the Hanafi schools state: If the husband divorces his wife thrice, and he or she knows nothing about the other for some time and thereafter she claims having married a second husband and separated from him and having completed the 'iddah, her word will be accepted without an oath if this period is sufficient for her undergoing all this, and her first husband is entitled to marry her if he is satisfied regarding her veracity, and it is not necessary for him to inquire further. (al-Jawahir, Ibn 'Abidin, and Maqsad al-nabih)

https://www.al-islam.org/five-schools-islamic-law-allamah-muhammad-jawad-maghniyyah/divorce#divorcees-claim-tahlil

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:salam:

Wait wait...

From what I read, we also have this triple divorce thing, but triple divorce meaning :

- First declaration of divorce > must seek third party counseling

- Second declaration of divorce despite counseling > must seek counseling again

- Third declaration of divorce despite all attempts to counsel > Irrevocable. Become haram to each other.

(May be some `idda periods in between which I didn't know about)

 

...While in sunni Fiqh it's "Talaq, Talaq, Talaq" > Irrevocable. Become haram to each other.

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2 hours ago, Hameedeh said:

Sunnis believe in "Triple divorce"  to say 'talaq, talaq, talaq' at one time because the man is so angry that he wants to be rid of her forever. In Shia Islam, there is no such thing. In Shia rulings, triple divorce means getting divorced three different times: marry, divorce, iddah, marry, divorce, iddah, marry, divorce, iddah. 

Both Shias and Sunnis believe that after a man divorces his wife three times, she has to marry someone else, consummate the marriage, divorce and wait her iddah before she can marry her first husband again. This ruling is from the Holy Qur'an:

However, if she tells her first husband that she has married and divorced someone else and her iddah is over, if time has sufficiently passed by and he trusts her to be truthful, he does not need to investigate and he can marry her again if they are both willing:

That is nice. 

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