If the husband clearly says, “I give you triple divorce” or he pronounces divorce three times at different times or he gives triple divorce and he means it, all this will be called ṭalāq mughallazah
Triple divorce is an act of great sin and leads to arouse the anger of the Messenger of Allah Sallallahu Alaihi Wasallam and to make fun of the Islamic Sharīʿah. Sayyidnā Maḥmūd ibn Labīd (ra) narrates that the Messenger of Allah Sallallahu Alaihi Wasallam was told about a man who had divorced his wife with three simultaneous divorces. He stood up angrily and said: Is the Book of Allah being toyed with while I am still among you? Then a man stood up and said O Messenger of Allah! Shall I kill him
It is narrated on the authority of Sayyidnā Ansa (ra) that when a man who had given triple divorce to his wife was brought to Sayyidnā ʿUmar (ra), he would lash him
Triple divorce is an act of dislike and abhorrence but it will occur when it is pronounced. The detail is as follows
If it is given in three different meetings, it will, however, occur. If a husband gives triple divorce pronouncing that he gives her triple divorce, then three divorces will occur. If a husband uses the word ‘divorce’ three times, for an example he says: “I divorce you, I divorce you, I divorce you” or he says: “Divorce, divorce, divorce” so if the husband intends to give three divorces, they will occur but if he says he pronounced thrice only for the sake of emphasis and did not intend to give three divorces, then only one divorce (ṭalāq rajʿī) will occur and he will be allowed to remarry.
But if the husband tells a lie about his intention, he will be sinner and the sin will continue till his last breath. If the matter is brought to the Qāḍī (judge), he will issue the decree of three divorces. It means his intention will make nothing if the matter is brought to court
The highest number of divorce is three. If anyone gives more than three, it will be regarded only three and the rest of the divorces will be considered as injustice and sin. Moreover, if anyone pronounces triple divorce, it will take place. It is expressively mentioned in the Glorious Qur’ān and Ḥadīth. The Messenger of Allah Sallallahu Alaihi Wasallam declared triple divorce effective though he was so angry. This sort of incidents is available in the books of Ḥadīth
This is the opinion of the majority of the Muslim scholars. Most of the companions of the Prophet Sallallahu Alaihi Wasallam the four Imāms and tābiʿīn are of the same opinion Hence, the government of Saudi Arabia took this issue into consideration and set up a committee consisting of the imāms of Ḥaramayn Sharīfayn (two holy shrines) and the scholars of Saudi Arabia. This committee was presided by Shaykh ʿAbdul ʿAzīz ibn ʿAbdullāh ibn Bāz. The committee decided that the triple divorce in one meeting would take place۔
Preferring the way other than that of the majority of the ʿummah is just ignorance. The Almighty Allah says in the Glorious Qur’ān: “And whoever opposes the Messenger after the guidance (of God) has been manifested to him, and follows other than the believer’s way, We appoint for him that to which he himself has turned, and expose him to Hell – an evil journey’s end
He further says: “And if he has divorced her (the third time), then she is not lawful to him thereafter until she has wedded another husband
If the husband has given triple divorce and the wife got married with another man after the period of ʿiddah is over and she has lived happily then unfortunately she was divorced from the second husband too and she has also completed the period of ʿiddah, and then if the wife wants to remarry the first husband, she can do-
Removal of a misconception
Considering that the husband and wife will not completely get apart from each other unless three divorces are given is based on ignorance and illiteracy. Similarly, giving divorce is extremely disliked in Sharīʿah and a severe act of sin. The judges and the guardians should also take care of it and they should not compel the husband to do so. If divorce is given by the word “divorce” once or twice and the word is not taken back, the relation will die and the divorce will turn into ‘ṭalāq bā’in’. Moreover, in case of triple divorce, there is no way out to solve the matter. Thus, the Almighty Allah says in the Glorious Qur’ān: “Divorce must be pronounced twice and then (a woman) must be retained in honour or released in a just manner
It means if the divorce is pronounced just once or twice, then the husband has the right to take his wife in his marriage again in a good manner or let the wife complete her period of ʿiddah and pay all her rights and then release her-
The Sharīʿah has divided divorces into three categories in three cases. It says that the divorce is an abhorrent act, so if the husband necessarily happens to give divorce, he should utilise the first category i.e. one divorce and let the period of ʿiddah be over as discussed earlier in detail.
If someone happens to give another divorce as well in the period of ʿiddah, he used the second category which was, however, not necessary to get rid of his wife, and he still will have a chance to take his wife back in his marriage with their mutual consent in the period of ʿiddah or after it. But if he will give one more divorce “third divorce”, in that case he utilises one more chance which the Sharīʿah provided to him and now his punishment is that he cannot take his wife back in his marriage without marrying his wife to another man-
