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
- Mohd Harifadilah Rosidi
- Nuraisyah Chua Abdullah (ORCID: https://orcid.org/0000-0001-8587-3764)
- Siti Nur Aleeya Wandi
- Alia Nabihah Ahmad Zairi
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
- 0.00