Triple Talaq in a Single Pronouncement: A Comparative Fatwa Analysis within a Maqasid al-Shariah Framework and Its Implications for Women’s Rights

The pronouncement of triple talaq in a single instance remains a contentious issue among Muslim jurists (fuqaha), with differing interpretations across various legal schools and national fatwa bodies. This study undertakes a comparative analysis of fatwa rulings from four Muslim-majority countries: Malaysia, Egypt, Saudi Arabia, and Pakistan. Although each jurisdiction adopts distinct doctrinal positions and legal mechanisms for addressing triple talaq, the practice is generally recognised as effecting an immediate and irrevocable divorce, preventing reconciliation unless the woman marries another man and that marriage is subsequently dissolved. Beyond the doctrinal divergence, this article critically examines the psychological, social, economic, and legal repercussions of triple talaq for women, highlighting how abrupt marital dissolution can result in profound emotional distress, social stigma, financial insecurity, and limited legal recourse. In light of these findings, the paper argues the need to adopt a more compassionate and balanced interpretative framework within fatwa institutions and legal practice to mitigate potential injustices women face. This research underscores the importance of harmonising traditional jurisprudence with contemporary human rights considerations to uphold the principles of justice and family welfare in line with the higher objectives of Islamic law (Maqasid al-Shariah).

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.907000005
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

Triple Talaq in a Single Pronouncement: A Comparative Fatwa Analysis within a Maqasid al-Shariah Framework and Its Implications for Women’s Rights

Mohd Harifadilah Rosidi, Nuraisyah Chua Abdullah, Siti Nur Aleeya Wandi, Alia Nabihah Ahmad Zairi
International Journal of Research and Innovation in Social Science
Islamic Finance and Banking Studies
article

Triple Talaq in a Single Pronouncement: A Comparative Fatwa Analysis within a Maqasid al-Shariah Framework and Its Implications for Women’s Rights

Mohd Harifadilah Rosidi, Nuraisyah Chua Abdullah, Siti Nur Aleeya Wandi, Alia Nabihah Ahmad Zairi
article en

Abstract

The pronouncement of triple talaq in a single instance remains a contentious issue among Muslim jurists (fuqaha), with differing interpretations across various legal schools and national fatwa bodies. This study undertakes a comparative analysis of fatwa rulings from four Muslim-majority countries: Malaysia, Egypt, Saudi Arabia, and Pakistan. Although each jurisdiction adopts distinct doctrinal positions and legal mechanisms for addressing triple talaq, the practice is generally recognised as effecting an immediate and irrevocable divorce, preventing reconciliation unless the woman marries another man and that marriage is subsequently dissolved. Beyond the doctrinal divergence, this article critically examines the psychological, social, economic, and legal repercussions of triple talaq for women, highlighting how abrupt marital dissolution can result in profound emotional distress, social stigma, financial insecurity, and limited legal recourse. In light of these findings, the paper argues the need to adopt a more compassionate and balanced interpretative framework within fatwa institutions and legal practice to mitigate potential injustices women face. This research underscores the importance of harmonising traditional jurisprudence with contemporary human rights considerations to uphold the principles of justice and family welfare in line with the higher objectives of Islamic law (Maqasid al-Shariah).

International Journal of Research and Innovation in Social ScienceVol. IX(VII)
Openalex Percentile: Top 73%
Islamic Finance and Banking Studies
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