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

Siti Nur Aleeya Wandi, Alia Nabihah Ahmad Zairi, Nik Nur Athira Asya Abdullah and Mohd Harifadilah Rosidi
Additional contact information
Siti Nur Aleeya Wandi: Faculty of Shariah and Law, Islamic Science University of Malaysia, Negeri Sembilan, Malaysia
Alia Nabihah Ahmad Zairi: Faculty of Shariah and Law, Islamic Science University of Malaysia, Negeri Sembilan, Malaysia
Nik Nur Athira Asya Abdullah: Faculty of Shariah and Law, Islamic Science University of Malaysia, Negeri Sembilan, Malaysia
Mohd Harifadilah Rosidi: Faculty of Shariah and Law, Islamic Science University of Malaysia, Negeri Sembilan, Malaysia

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 7, 53-62

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).

Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.rsisinternational.org/journals/ijriss/ ... -9-issue-7/53-62.pdf (application/pdf)
https://rsisinternational.org/journals/ijriss/arti ... s-for-womens-rights/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:9:y:2025:issue-7:p:53-62

Access Statistics for this article

International Journal of Research and Innovation in Social Science is currently edited by Dr. Nidhi Malhan

More articles in International Journal of Research and Innovation in Social Science from International Journal of Research and Innovation in Social Science (IJRISS)
Bibliographic data for series maintained by Dr. Pawan Verma ().