Repeating word of divorce thrice for emphasis
28-3-2013 | IslamWeb
Question:
Is it true that in hanbali fiqh/madhab that if a person repeats talaq due to emphasis then it is considered as one and not three like what hanafi's say? If so, can you please provide me with evidence supporting hanbali madhab regarding this question. Jazzakallah Khairun for all your support
Answer:
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If a husband repeats the word of divorce three times with the intention of confirming what he said, then it takes place as one divorce according to the Four Schools of jurisprudence including the Hanafi School. However, they are of the opinion that the intention of emphasizing (by repeating the word of divorce) is not accepted in court (as something satisfied by a court from the legal point of view), it is only accepted in Fatwa.
The Kuwaiti Encyclopedia of Fiqh reads about repeating the word of divorce in one session: “If he (i.e. the husband) wanted to emphasize divorce or to make people understand it, then divorce takes place once, and the intention of emphasizing is accepted actually from the religious point of view (i.e. in the eyes of Allaah) and not legally from the juristic point of view in court according to the Hanafi and Shaafi’i Schools, while it is accepted legally from the juristic point of view in court and in Fatwa according to the Maaliki and Hanbali Schools.”
The Haashiyah of Ibn ‘Aabideen in the Hanafi Fiqh reads: “If he intended to emphasize divorce, it is accepted only from the religious point of view (i.e. in the eyes of Allaah), but divorce takes place more than once legally from the juristic point of view (i.e. in court).”
Therefore, the matter according to the Hanafi School is related to the legal point of view in court (i.e. his claim of the intention is not accepted), but as regards what is between the person and his Lord, then his claim of the intention to emphasize is accepted.
For more benefit, please refer to Fatwa 94110.
Allaah Knows best.