Download Talaq or Divorce - Islam Complete System of Life

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life
Assalam Walaikum Wa Rehmat Ulla Hi Wa Bara Katu Hu.
As it is proven from the Quran and Sunnah, that three divorces cannot
takes place at one time.
For example :
If a person wants to offer Fard Salah of Fajr, Zuhr and Asr on the
time of Magrib, If he prays all the Salah on the time of Magrib. Only
the Salah of Magrib will be accepted.
Another Example, when you go to Makkah for the Umra and throw the
Stones to the Satan in a Turn if you throw 5 or 6 or how many stones
you get in your hand, the Turn will be counted only as one.
This example is for the people who many a times say, that it can take
place from both Method because it is the matter between the God and
that Person. Yeah no one disagree with this, but when it comes to the
Law of God, the things should be accepted as the God revealed.
Quran and Sunnah, Further states us and to get Unite and not to do
Taffaraka. So May Allah almight accept this little effort. And Try to
unite the Ummah. Ameen.
The Purpose of the topic is to tell that, Is there Ijma (Consensus) of
Ummah on Talaq e Salasa ?.
Means Giving 3 divorce in one sitting, will it be counted as 3 or 1 ?.
This Method, is crystal Clear from the Quran and Sunnah that it will
be counted as 3=1, not 3=3 in one sitting. And those who opposes it
also agrees on it, because they couldn't neglect it because their
Proof starts from the Hadith where it is mentioned at the time of
Prophet (s) and Abu Bakr (r) 3 Divorces at one time counted as 1 even
in the starting years of Umar (r) but later on he imposed as a
punishment. So no one could deny that.
But they claim, we know that it is against the Quran and Sunnah, and
it was the Ijtehad of Umar (r) but Prophet (s) said "My Ummah will
never gather upon error". So this is why we believe in it.
So Inshallah, we will look at it whether there is Ijma of Ummar or
not.
Before going into depth of the topic, we should have a look on the
Definition and Conditions mentioned by the Ahlus Sunnah Scholars of
Ijma and their Conditions.
“Ijma is the verbal noun of the Arabic word ajma’a, which as two
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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life
meanings: to determine and to agree upon something.
Ijma has two types :
1. Ijma of Sahaba
2. Ijma of Ahl-Ilm on a certain Matter
Ijma of Sahaba is Hujjah only when, when it is unequivocally proven
that Sahabas has gathered upon on certain matter because after the
death of Prophet (s) Sahabas spreaded in different parts off the
world. Some in Iraq, Some in Egypt, Some in Khurasan etc.
Ijma of Ahle-Ilm is Hujjah when all the Ahle-Ilm have done Ijma on it
and it is only proven when other Ahle-Ilm known it.
The Ijma of Ahle-Ilm is further devided into two types:
1. Khabar-e-Ahad
2. Mutawatir
Khabar-e-Ahad is that when you find a Scholar Stating that there is
Ijma, but it doesn't know how many scholars agreed with this of the
Same Era. Because even till today in Islamic History how many Scholars
have been passed it is unknown to everyone. Khabar-e-Ahad is Zanni and
Zanni cannot be Yaqeeni so how can it be acceptable according to
Hanafi School of Thought.
Mutawatir Ijma is impossible, because it is only possible when there
is a Ijma of Ahle-Ilm of an Era and they will meet the Mujtahid of
another era to have Ijma with them, which is not possible.
Conditions of Ijma :
1. It is not Allowed to have Ijma on something which is not Proven
from Quran and Hadith.
2. The Ijma against the Quran and Sunnah is impossible, and neither it
is allowed. Since the Ijma itself has been proven from the Hadith of
Rasul (s) so it should be according to Quran and Sunnah.
Imam Shafae (rah) says : It is unambigiously proven from the Ijma of
Muslims that when a Muslim finds the Sahih Hadith of Rasul (s), so it
is strictly forbidden for him to oppose it and to select any opinion [
Tazeem Al-Sunnah 28, Alam Al-Muaqain 2/282 ]
Imam Shakwani (rah) writes :
" In the Ijma even if one Mujtahid has differed, then the Madhhab of
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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life
Jamhur Ahle-Ilm is that the Ijma has not taken Place and neither it is
Hujjah. And Imam Al-Surfi said that opposing all the people of this
Single Mujtahid saying cannot be called as odd, because that Mujtahid
being amongst the Group of Mujtahid differs with them, so against it
from the sayings of all Mujtahideens evidence cannot be established
until he agrees with them it can never be called as consensus."
And he writes on after explaining :
"Some times the saying of that Single Mujtahid against all of them is
Haq"
[ Irshad Al-Mafhul 88-89 ]
And the same mentionedd that :
"If one or two Ahle-Ilm do differ in some in a matter, then it will
not be called as Ijma but Ikhtelaf (difference) this is the Madhhab of
Jamhur Ahle-Ilm"
[ See Al-Ihkam Al-Ibn e Hazm 1/213, Muslim Al-Subut 2/222 ]
Note : Muslim Al-Subut is the Famous Usool Book of Hanafis.
Famouse Book of Usool-e-Fiqh Sharh Al-Kawakib Al-Muneer 2/231 :
In the era of Sahaba a Tabae who reaches the level of Ijtihad, then
this Mujtahid Tabae if he differs will of the Sahaba then it will not
be known as Ijma, Many of the Ahle-Ilm and Fuqahha o Mutakin have this
Madhhab and Imam Ahmad have also this Madhhab.
Imam Nawawi (rah) has told this to Ikhtelaf rather than Ijma because
people have differed in it, by quoting the people who has differed
He quoted "Tawus (r) and Ahle-Zahir, Muhammad bin Ishaq, Muhammad bin
Maqatal and Hajjaj bin Irtiqa differed with them" [ Sharh Muslim AlNawawi, Baab Al-Talaq ]
It is known that Tawus, Muhammad bin Ishaq and Hajjaj bin Irtiqa are
amongst the 1st and 2nd century hijri, And Muhammad bin Maqatal is
amongst the 2nd and 3rd century hijri.
Imam Ibn Rashd Qurtubi Maulud (560-595 H) a Maliki Jurist :
There is consensus of all the Ulemas that giving 3 divorce on separate
times the divorce taken place, But there is difference when instead of
separate if the divorce is given in one sitting 3 times then whether
the divorce will taken place or not, Jumhar Fuqahha are of the opinion
it can be, but Ahle Zahir and one Jammat of the Ulemas are of the view
that it will be counted only as 1 Rujui divorce, and we on the basis
of Proofs of Shariah are of the view that those people who are of the
view that Talaq e Salasa in one time will be counted as 3 are
finishing the wisdom Shariah rules.
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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life
[ Bidayat Al-Mujtahid Waghasyat Al-Maqtasid 2/61-63 ]
It is obvious that in this Jammat of Ulema, it includes those Ima of
Maliki which are found before Ibn-e-Rashd in the 3rd, 4th and the 5th
Hijri. For instance Qazi Ahmad bin Baqi Bin Makhlad, Muhammad bin
Abdul Salam Khashi and other Ahle-Ilm of this era which i quote in
this article.
Imam Talmasani Ibrahim bin Yahya Maliki (633 H) :
Allama Qastalani writes in Sharh of Sahih Bukhari :
Maliki Imam Sheikh Khalil in Ishaq Junadi Misri in his book Al-Tusahi
Sharh Jama Al-Fahat has written Imam Talmasani Ibrahim bin Yahya bin
Musa Abu Ishaq said in our Maliki Madhhab there is a Fatwa Divorce
given 3 times in one sitting would be considered as one. Imam
Talmasani said this has been mentioned in the book Kitab Al-Nuwadar
Walziyadat Al-Ibn e Abi Ziyad but i myself didn't see it. [ Irshad AlSari 8/127 ]
Note : Saying of Imam Khalil that he himself didn't see it, doesn't
mean that Imam Talmasani quoted it wrong. Because other Ulemas also
quoted it that's why Maliki also have this opinion.
He quoted the book of Ibn-e-Abi Ziyad who was the scholar of 398 or
389 H.
Imam Al-Mazi Muhammad Bin Ishaq and Qazi Hajjaj bin Irtiqa (The
Scholars of the Era of Abu Hanifah and Imam Malik) :
Imam Qastalni writes :
"In Ala-Sharaf Ala Madhhab Ala-Sharaf of Wazir Yahya bin Muhammad Bin
Habira Al-Shayabani Al-Baghdadi Hanbali writes In it, in one sitting 3
divorces will take place as one, amongst them were Imam Al-Mazi
Muhammad Bin Ishaq and Qazi Hajjaj bin Irtiqa"
[Irshad Al-Sari 8/127]
Wazir Yahya bin Muhammad Bin Habira Al-Shayabani Al-Baghdadi Hanbali
was a scholar of 499-560 H ( See Seera Alam Al-Nubla 20/426-232 )
See that a Hanbali Scholar of 560 Hijri is telling about the scholars
of the era of Imam-e-Azam Abu Hanifah (rah),
Muhammad bin Ishaq and Qazi Hajjaj bin Irtiqa is amongst the view that
3 divorces in one sitting cannot take place.
As they were of the era of Abu Hanifah (rah), they were also in the
era of Imam Malik (rah) because they were amongst 1st and 2nd Century
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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life
Hijri.
These 2 scholars have also quoted by Imam Badar-ud-Din Aini Hanafi in
Sharah of Bukhari Ummatdul Qari 1/534.
Imam Abu-Abdullah Muhammad Qurtubi 672 H:
Imam Abu-Abdullah who died in the same year of Imam Nawawi (r).
He adopted the same way of Imam Nawawi and quoted Jamhur Salaf but
didn't called it Ijma rather showed Ikhtelaf by quoting the opposing
scholars.
"Our Ulema (Means Maliki Jurists) have stated that giving 3 talaqs in
a sitting and on its taking place have Ima-e-Fatwa (Means Maliki
Jurists) have consensus, and Jamhur Salaf have the same Maddhab, and
Tawus and some Ahle-Zawahir have adopted the way of Shazuz and said
that 3 talaqs would be considered as one, this has been narrated also
from Muhammad bin Ishaq and Hajjaj bin Irtiqa and from them also it
has been narrated that these talaqs even will not take place. Maqatal
aslo have this Maddhab, From Dawud Zahiri has been narrated same, and
from Hajjaj this saying is famous but Jamhur Salaf and Ima-e-Fatwa
consider it. [ Tafsir Qurtubi 3/219 ]
After quoting these scholars, he also quote other Maliki Scholars
which breaks the Consensus of them too.
"There is consensus of everyone that whosever gives 3 talaq he is
considered as damind, but there is difference that how much talaq will
take place. Therefore companions like Hazrat Ali, Ibn-e-Masud, Ibn-eAbbas, Zubair bin Awam, Abdur-Rehman bin Awf (May Allah be pleased
with them all) will considered these type of 3 talaq to 1. And the
same has been narrated from Mashaykh of Kurtuba Ibn-e-Zanbah, Ahmad
bin Baqi, Muhammad bin Abdul Salam Khashi type of scholars who are
pious and Faqi. Furthermore Zabakh bin Al-Khabab and except this also
one Jammat have a same Fatwa" [ Tafsir e Qurtubi 3/132 ]
Imam Qurtubi called it Difference not Ijma, that how much talaq will
take place.
Imam Qurtubi previously stated the consensus of Ima-e-Fatwa of Maliki
Jurists and he breaks it by quoting from a more big scholar of Malikis
Imam Ahmad bin Maghiz that many of the Sahabas and Maliki Jurists like
Ibn-e-Zanbah and Ahmad bin Baqi etc, were of the same view of Ahlul
Hadith. All these scholars were from 2nd to 4th Century Hijri.
InshAllah, more will be added.
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