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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
  • Mohd Harifadilah Rosidi
  • 53-62
  • Jul 26, 2025
  • Education

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, Mohd Harifadilah Rosidi

Faculty of Shariah and Law, Islamic Science University of Malaysia, Negeri Sembilan, Malaysia

DOI: https://dx.doi.org/10.47772/IJRISS.2025.907000005

Received: 21 June 2025; Accepted: 26 June 2025; Published: 26 July 2025      

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).

Keywords: Triple talaq, fatwa, divorce, cross-country comparison, maqasid al-shariah.

INTRODUCTION

According to Islamic law, marriage is a sacred bond that legitimises the relationship between a man and a woman. It is not merely a civil contract but an act of worship (ibadah) that fulfils Allah’s command and follows the Sunnah of the Prophet Muhammad (peace be upon him), to achieve tranquillity (sakinah), affection (mawaddah), and compassion (rahmah) between spouses (Mukarrom, 2021). As the Qur’an states, “And of everything We created in pairs, so that you may remember.” (Surah Az-Zariyat, 51:49).

Marriage, therefore, is a solemn covenant imbued with mutual rights, responsibilities, love, and cooperation. However, not all marriages endure, as persistent conflict and unresolved discord can undermine family harmony and inflict harm (Afrinaldi, 2023). Islam, recognising this reality, provides a structured mechanism for the dissolution of marriage through divorce (talaq). Talaq refers to the formal termination of the marital bond by a clear pronouncement, by prescribed Syariah guidelines (Arriffin, 2012). The Qur’an states: “Divorce is twice, then either retain (her) in an acceptable manner or release (her) with good treatment.” (Surah Al-Baqarah, 2:229). This verse underscores that if reconciliation becomes impossible, a husband should enact divorce justly and wisely (Arriffin, 2012). Although permitted, divorce is strongly discouraged in Islam, as expressed in the well-known hadith: “The most hated lawful act to Allah is divorce.” (Narrated by Abu Dawud). Therefore, divorce should only be employed as a last resort, with fairness and after all efforts at reconciliation have been exhausted.

Under the Islamic Family Law Enactment (Selangor, 2003), Section 47, any application for divorce in Malaysia must be filed and validated through the Syariah Court (Abdul Shukor & Nasohah, 2018). However, challenges arise, including unconventional divorces delivered via modern communication channels like SMS. A more critical concern is the impulsive utterance of triple talaq in a single pronouncement, such as a husband declaring, “I divorce you three times”—often in a state of anger (Ahmad, 2009). Traditionally, the right to pronounce talaq has been vested in the husband, based on the rationale that men are presumed better able to control their emotions. Nonetheless, this presumption is not absolute; men, too, are subject to human impulses and emotional outbursts (Hussin, n.d.). This raises a fundamental legal and ethical question: does a triple talaq uttered in a single instance constitute three separate divorces, or only one? Furthermore, how do fatwa institutions across different Muslim jurisdictions interpret such pronouncements, and what are the implications for the rights and welfare of women affected by them?

Islamic scholars have debated the issue of triple talaq since the earliest periods of Islamic jurisprudence (Zulkifli Hussin, n.d.). In contemporary contexts, the misuse of talaq pronouncements and the increasing number of impulsive divorces have renewed scholarly and legal interest in the topic (Tomar, 2023). Different countries adopt varied fatwa approaches: some uphold the validity of triple talaq in a single utterance as binding and final, while others invoke public interest (maslahah) and the objectives of Islamic law (Maqasid al-Shariah) to reinterpret it as a single talaq (Shaikh & Nadaf, 2025).

This study critically examines these divergent fatwa positions through a comparative lens, focusing on Malaysia, Egypt, Saudi Arabia, and Pakistan. It further assesses the legal, social, and psychological implications for women subjected to triple talaq, including their rights to reconciliation (ruju‘), maintenance (nafqah), waiting period (‘iddah), and the broader impact on their emotional and financial security. Addressing these dimensions is vital to uphold the principles of justice and compassion in Islamic family law, ensuring that women are not vulnerable due to impulsive and uninformed divorces (Dimon, 2019). Accordingly, this research aims to evaluate how fatwa bodies and legislative frameworks balance doctrinal consistency with the Maqasid al-Shariah objective of protecting family integrity and women’s rights within the Syariah legal system (Rizki Amar, 2004).

LITERATURE REVIEW

The Status of Triple Talaq During the Time of the Prophet and the Companions

Initially, during the time of the Prophet Muhammad (PBUH), Caliph Abu Bakar, and the first two years of the rule of Caliph Umar Al-Khattab, triple talaq in one sitting was still considered and recognised as only one talaq (Abdullah, 2019). This can be understood from the hadith of Ibn Abbas regarding a conversation between the Prophet and a young man named Rukanah who had divorced his wife with three talaqs in one sitting. After uttering them, he deeply regretted his action and asked the Prophet if he could still reconcile with his wife. The Prophet said, “By Allah, did you only intend one talaq?” Rukanah replied, “By Allah, I only meant one talaq.” Upon hearing that, the Prophet allowed him to return his wife (Chalidin, 2022). Based on this hadith, most scholars agreed that three talaqs pronounced in one sitting are counted as only one talaq. This means that the divorce process should be gradual: the first talaq, followed by the waiting period (‘iddah), the opportunity for reconciliation, and only if reconciliation does not occur, may the second and third talaqs proceed (Wati & Yuhasnibar, 2023). The jurists also refer to the verses in Surah Al-Baqarah, verses 229–230, where Allah explains that the talaq process must be executed one at a time, according to the specified number (Ayu et al., 2023).

During the rule of Caliph Umar Al-Khattab, this ruling continued for two years before he eventually recognised triple talaq uttered at once as a valid triple talaq after observing that society had begun to take the talaq process lightly and rushed into it (Wati & Yuhasnibar, 2023). Umar’s move served as a warning to society that triple talaq is not a contract to be taken lightly and was also done in the interest of public welfare at the time (Nurmayani et al.,2025). Caliph Umar enforced the full implementation of triple talaq as a disciplinary measure against the misuse of the pronouncement (Syaiful, 2023). At that time, Umar also imposed penalties on those who uttered triple talaq at once without serious intention. According to Ibn Hajar in Fath Al-Bari: “Indeed, when a man came to Umar having divorced his wife with three talaqs (at once), he would strike the man’s back as punishment” (Abdul Rahman, 2020). This incident also marked the beginning of differing scholarly opinions among jurists and scholars concerning the ruling on triple talaq pronounced at once within society.

The Status of Triple Talaq According to the Majority of Scholars

The status of triple talaq pronounced at once is divided into two views: some scholars consider it as one talaq, while others regard it as three talaqs. The jurists of the four major schools of thought (Hanafi, Maliki, Shafi’i, and Hanbali) unanimously recognise triple talaq declared in one sitting as three valid divorces (Masykurotus Syarifah, 2022). They base their view on the fatwas issued by Uthman bin Affan, Umar Al-Khattab, Ibn Mas’ud, and Ibn Abbas. Most jurists also state, “Whoever pronounces a triple talaq to his wife in one utterance, then three talaqs shall take effect” (Abdullah, 2019). Such talaq is then categorized as talaq ba’in kubra (major irrevocable divorce) (Muhazir, 2020). Thus, it becomes forbidden for the husband and wife to reconcile unless the wife marries another man, consummates the marriage, and then divorces. Only after completing her ‘iddah can she remarry her previous husband if desired (Hariyadi, 2024).

However, the scholars of Ibn Taimiyyah’s school, including the views of Abu Musa Al-Ash‘ari and Ibn Qayyim, consider that triple talaq uttered at once counts as only one talaq (Tanjung et al., 2021). This is based on the position that triple talaq in one sitting is a bid’ah form of talaq, not by the prescribed method in Shariah (Abdul Shukor & Nasohah, 2018). Their view is also supported by Surah Al-Baqarah verses 229–230, which explain that talaq occurs twice and must be separated, one at a time (Ayu et al., 2023). According to Ibn al-Qayyim, this view is closer to justice and the protection of women and aligns with the primary objective of Shariah in safeguarding the family institution (Sa’dah et al., 2023). This approach of Ibn al-Qayyim has been adopted by many Islamic countries such as Egypt, Syria, Jordan, Iraq, and others, which recognise triple talaq at once as only one talaq in their legal systems (Akhter, 2018).

The Status of Triple Talaq in Malaysia

In principle, Islamic Family Law in Malaysia does not explicitly stipulate specific provisions regarding the pronouncement of triple talaq uttered at once or repeatedly (Abdullah, 2019). In practice, however, based on most decisions made by the Syariah Courts, triple talaq pronounced at once is generally ruled as three separate divorces. It is also widely known that the authority to pronounce talaq lies with the husband. For this reason, the Islamic Family Law in Malaysia mandates that all applications for divorce be submitted and recognised by the Syariah Court. For instance, this is clearly stated under Section 47 of Selangor’s Islamic Family Law Enactment. Nevertheless, the existing law allows out-of-court divorces to be validated and registered. (Sugitanata, A, 2022). The act of pronouncing triple talaq at once or repeatedly often ends in regret and denial by the husband, who realises the consequences of his emotionally driven and impulsive words. Thus, most cases are brought back to court to determine how many talaqs have taken effect in that situation (Abdul Shukor & Nasohah, 2018).

Appeals for the validation of triple talaq in one utterance depend on the husband’s testimony, the court’s assessment of the facts of the case, the circumstances, the emotional state, and the discretion of the Syariah judge (Abdul Shukor & Nasohah, 2018). The court will also reexamine the background of the incident and evaluate the maslahah (public interest) involved before deciding and determining the number of valid talaqs. The judge will also assess whether the talaq was pronounced using clear (sarih) or metaphorical (kinayah) words, which are important in confirming the talaq’s validity. In reality, Syariah courts in Malaysia face difficulty accepting triple talaq in one sitting. As a solution, they refer to the Shafi‘i scholars’ opinion, who emphasise the maqasid syariah (higher objectives of Shariah), especially in the element of daruyriyyat preserving lineage (hifz al-nasl) (Zulkifli Hussin, n.d.). This fatwa has also become the basis for the Malaysian Syariah Courts in handling related divorce cases.

Effects of Divorce on Women

Divorce undeniably significantly impacts every individual involved, whether the wife, husband, or children. It also has implications on emotional, psychological, and economic aspects, especially regarding income sources, daily expenditures, and daily life (Odis, 2021).

One of the primary effects of divorce on women is emotional and psychological distress. Women often experience emotional pressure, deep sadness, and a sense of failure when the marriage they built falls apart (Elder et al., 2006). In Islam, divorced women are given time to go through this phase during the ‘iddah period, which is a specific duration that allows the woman to reflect, find peace, and recover emotionally before starting a new phase in life (Nuroniyah, 2018). This shows how Islam deeply cares for women’s emotional stability after divorce.

In terms of income and daily living expenses, divorce also heavily affects women, especially those who are unemployed or financially dependent on their husbands (Alghifari et al., 2020). Islam mandates that the ex-husband is obligated to provide ‘iddah maintenance and compensation (mut‘ah) to his former wife after the divorce. This provision is meant to support and ease the burden of women who now must live as single mothers (Rohman & Yuliana, 2024).

METHODOLOGY

This study adopts a qualitative method in the form of content analysis of scholarly journals and academic materials related to the issue of triple talaq and its implications on divorced women. Several published journals were purposively selected based on their relevance to the focus of the study. The contents of these journals were analysed to identify legal approaches, scholarly opinions, comparative rulings across different countries, as well as the psychological, social, and economic effects experienced by women who are divorced via triple talaq.

Comparative analysis was conducted using findings from previous journal studies to identify the similarities and differences and any existing gaps in the research outcomes. This approach enables the researchers to draw a deeper and more comprehensive understanding of the issue of triple talaq and its effects on women who face such situations. The selection of this method aims to ensure that the research is conducted holistically, guided by Islamic legal texts, contemporary fatwas, and empirical data from Syariah court decisions in Malaysia and other Muslim-majority countries.

The primary method used is content analysis, which systematically examines key documents relevant to the research topic. Among the sources analysed are authoritative fiqh texts such as al-Mughni and al-Umm, as well as academic journals, including articles by Mahfuzah Abdul Shukor and Muhammad Munir. In addition, official documents such as Islamic family law enactments from various countries and fatwas issued by religious institutions in Malaysia were also used as references.

Furthermore, this study involves a comparative analysis of legal rulings and fatwas in several Islamic countries such as Egypt, Saudi Arabia, and Pakistan. The study examines the extent to which these countries accept or reject the majority view (jumhur) on the issue of triple talaq pronounced in one sitting, as well as the legal justifications and Shariah-based reasoning behind those rulings.

DISCUSSION

The issue of triple talaq in one utterance is among the significant fiqh discussions in Islamic marital law. This form of talaq occurs when the husband pronounces divorce three times in a single statement, for example: “I divorce you with three talaqs.” The discussion surrounding it concerns the validity of such a pronouncement and involves women’s rights, social implications, and the legal approaches adopted by different countries in handling such divorces.

Comparison of Fatwas and the Implementation of Triple Talaq in One Utterance

In Malaysia, the Islamic Family Law Enactment does not comprehensively address this issue, leaving the decision regarding the status of such a talaq to the discretion of the Syariah Court, which bases its rulings on leading fatwas and the mufti’s opinion (Asar, 2022; Abdullah, 2000; Rosidi, 2024). The decision commonly upheld in Malaysia aligns with the ijtihad of Caliph ‘Umar al-Khattab, who regarded three talaqs in one sitting as three separate divorces, thereby reflecting a stricter interpretation to prevent impulsive divorces (Asar, 2022). Malaysian law also requires that divorces be processed through the courts to ensure legal accuracy and fulfilment of post-divorce rights and obligations (Salsabila, 2024).

Most Malaysian Syariah courts apply a literal interpretation of the talaq utterance. Suppose a husband pronounces three talaqs at once. In that case, it is treated as three irrevocable divorces (talak ba’in kubra), preventing the couple from remarrying unless the woman first marries and consummates a marriage with another man and is subsequently divorced (Abdullah,2000). This situation has significant emotional, social, and legal consequences for women. In response to the principles of hifz al-nasl (protection of lineage) and hifz al-usrah (protection of the family institution), this fatwa is framed according to the Maqasid al-Syariah approach, meaning to prevent harm (daf‘ al-mafsadah) and encourage reconciliation (Abdullah, 2000).

Even though a literal interpretation is frequently used, courts still consider the husband’s intention and the context of the divorce before reaching a final decision, especially if there is doubt about the actual meaning of the utterance or the emotional state at the time. This approach aims to ensure justice, prevent abuse of the talaq right, and protect the rights and welfare of women in divorce proceedings (Abdul Shukor & Nasohah, 2018).

Before the 1979 Family Law was enacted in Egypt, efforts were made to limit the husband’s unilateral right to divorce. This included requiring the husband to register his divorce and notify the wife. Failure to comply could result in imprisonment for up to six months or a fine of up to two hundred pounds. The divorce would only legally take effect when the wife was informed. A divorced woman who had consummated the marriage was also entitled to a mut’ah (consolatory gift) equivalent to two years of maintenance (Sofiana & Meiningtias, 2023). Egypt addresses this issue with a more liberal legislative approach. Under Law No. 25 of 1929 and its amendments, if a husband pronounces three talaqs at once, it is counted as only one revocable talaq (Amar et al., 2024). This position is supported by fatwas from senior contemporary scholars, such as Yusuf al-Qaradawi, who adheres to the hadith narrated by Ibn Abbas:

“During the time of the Messenger of Allah (peace be upon him), Abu Bakr, and the first two years of ‘Umar’s caliphate, triple talaq was regarded as one. Then ‘Umar said: ‘People have hastened in a matter in which they were given respite, so what if we enforce it upon them?’ Moreover, he did so.” (HR Muslim) (Al-Qusyairi, 2000).

This hadith is interpreted to mean that triple talaq in one sitting reflects a single intention to divorce, and the repetition of the word “three” is merely emphasis. Through the fatwa institution, Egypt’s Dar al-Ifta’ issued a 2004 fatwa declaring that triple talaq in one utterance counts as a single talaq provided that the husband did not intend three irrevocable talaqs. This approach aims to preserve public interest and reduce uncontrolled divorce rates (Rizki Amar, 2004). Al-Azhar emphasises that pronouncing triple talaq must be done with extreme caution due to its profound implications for women. According to Shariah principles, Egypt’s law encourages reconciliation efforts before implementing a complete divorce (Ali & Ibrahim, 2020).

Unlike other countries, Saudi Arabia has no codified family law. Instead, the country applies Shariah directly, as interpreted by judges. Many scholars in Saudi Arabia, primarily influenced by the Hanbali school and Salafi thought (Rosidi, 2025), still regard triple talaq in a single utterance as three valid divorces. Leading scholars and fatwa institutions like Lajnah Daimah lil Buhuth al-‘Ilmiyyah wal Ifta’ hold that a clear and repeated talaq utterance carries a conclusive legal effect (Abdul Shukor & Nasohah, 2018). If a husband pronounces “three,” it is counted as three. Hadiths condemning muhallil (a man who temporarily marries a woman to make her lawful to her former husband) are often emphasised, even though they do not directly address triple talaq. This demonstrates that when triple talaq occurs, strict procedures are enforced. While some narrations from Ibn Abbas exist, Saudi scholars consider these as interpretations that do not invalidate the legality of triple talaq as practised historically. Most post-Sahaba scholars regard it as three, forming a type of ijma amali (consensual practice) (Abdul Shukor & Nasohah, 2018).

In Pakistan, the Muslim Family Laws Ordinance (MFLO) says that there must be a ninety-day period for reconciliation and that talaq must be announced in writing. However, enforcement is still lacking, and triple talaq is still being abused (Munir, 2019). Legal reform indicates that numerous Muslim countries recognise the importance of regulating triple talaq to protect women’s rights. Men can still pronounce talaq orally without facing legal consequences due to weak enforcement of MFLO provisions (Siddiqui, 2021). The 1961 Muslim Family Law Ordinance introduced significant reforms, even though the majority of the Hanafi school holds that triple talaq in one utterance counts as three. Specifically, Section 7(3) of the Ordinance states that multiple talaqs issued in one instance are to be counted as a single revocable talaq (Ali & Ibrahim, 2020). This legal change was based on the principles of maslahah mursalah (public interest) and sadd al-zara’i (blocking the means to harm), especially to prevent irreversible divorces uttered impulsively or in anger (Khan, 2019).

The law reflects a social need to protect women and families from the harmful consequences of irreversible triple talaq. While some scholars argue that pronouncing triple talaq at once constitutes an abuse of the talaq right, Shariah permits authorities to impose ta’zir (disciplinary measures) to mitigate its effects (Rahman, 2020). Pakistan, like Egypt, adopts a minority fiqh opinion rooted in the views of Ibn Abbas and Ibn Taymiyyah, seeing triple talaq in one utterance as a single divorce. This view is seen as better aligned with modern ideals of social justice and family harmony (Farooq & Siddiqi, 2020).

Assessment of Maqasid Shariah in the Contemporary Context

Maqasid Shariah refers to the overarching objectives or ultimate goals intended by Islamic rulings, namely the preservation of five fundamental aspects: religion (al-Din), life (al-Nafs), intellect (al- ‘Aql), lineage (al-Nasl), and property (al-Mal)(Rosidi et al., 2022). In the current context, the evaluation of a ruling does not rely solely on textual evidence but also considers its societal impact. (Al-Khadimiy,2001).

Accordingly, Maqasid Shariah emphasises the pursuit of maslahah (public benefit) and the prevention of mafsadah (harm). In the case of triple talaq, the maqasid-based approach assesses how the simultaneous pronouncement of divorce affects women socially, psychologically, and economically (Subhani et al.,2021). Contemporary evaluation of Maqasid Shariah involves the apparent ruling and the purpose, consequences, and practical reality surrounding a decision. This ensures that Islamic law remains relevant and just without abandoning its foundational principles to meet societal needs.

Although it is difficult for any court to uphold the immediate validity of triple talaq definitively, Imam al-Shafi‘i adopted the maqasid shariah perspective, especially under the daruriyyat (necessities) category of hifz al-nasl (preservation of lineage). Divorce within a family significantly impacts lineage, including children’s psychological development and growth (Mujibur Rahman, 2019). Furthermore, Al-Raysuni (1995) explains that the maqasid shariah, as outlined by Al-Shatibi, indicates that life is preserved through three means:  ensuring survival with lawful and pure food and drink, establishing a family foundation through valid marriage, and providing clothing and shelter.

Hence, the family institution may collapse if Al-Shatibi’s view is not taken seriously and considered in legal decisions. If the divorced couple has children, their well-being may be neglected, and they could suffer emotional stress due to parental separation. In severe cases, children may resort to extreme actions such as suicide because of the psychological burden. In such instances, not only is hifz al-nasl neglected, but even maqasid al-nafs (preservation of life) become threatened (Jasser Auda, 2015). It is more sensible if the triple talaq is not irrevocable as Umar RA stated, because people will start playing with the ruling of syariah if it is not strict. It can also provide the right way of living by applying the syariah rulings, and it must be understood in a particular way and not in a different context (Alwani, 2013).

Implications for Women in Four Countries

The practice of triple talaq pronounced in a single utterance has far-reaching and often severe consequences, particularly for women, who are disproportionately affected by the abrupt and unilateral nature of this form of divorce. When a husband pronounces triple talaq in one sitting, the wife immediately loses key rights, including her entitlement to maintenance during the ‘iddah period and any subsequent support following the divorce. The sudden loss of financial security places many women in a vulnerable position, especially those who lack independent sources of income.

In Malaysia and Pakistan, where social safety nets for divorced women remain limited, women who have been financially dependent on their husbands must abruptly transition to self-sufficiency. Al-Muhanna (2017) notes that in Saudi Arabia, despite existing legal provisions aimed at protecting women’s post-divorce rights, many women continue to face significant challenges in sustaining themselves economically after a triple talaq.

Beyond the economic repercussions, triple talaq also inflicts profound psychological distress. Many women experience intense emotional trauma and a loss of self-worth following such abrupt marital dissolution (Gupta, 2023). In Malaysia, women who are divorced through triple talaq often report feelings of isolation and diminished emotional well-being (Shahrul Nizam, 2016). Across all four countries, women face persistent social stigma, commonly perceived as “discarded” or undesirable for future marriages. This stigma severely limits their prospects for remarriage and can result in social exclusion, further compounding their sense of alienation. Ali and Ibrahim (2020) highlight that in Egypt and Pakistan, such women frequently struggle to remarry and often endure marginalisation within their families and communities.

The repercussions extend beyond the women themselves. Children from families affected by triple talaq must navigate significant disruptions to their family structure and the loss of emotional and financial stability they previously relied upon. They may also endure psychological strain and social stigma associated with their parents’ abrupt separation (Zainuddin & Agustina, 2018).

These realities underscore that triple talaq is not merely a doctrinal or legal matter but a phenomenon deeply intertwined with broader social, economic, and psychological dimensions. Addressing its impact requires a holistic and context-sensitive approach beyond rigid legal formalism. Incorporating the principles of Maqasid al-Shariah, particularly the protection of family integrity, individual dignity (hifz al-‘ird), and public welfare (maslahah), can help ensure that legal rulings and fatwa practices mitigate harm and uphold justice for women and their children across diverse contexts.

CONCLUSION

This study demonstrates that the issue of triple talaq pronounced in a single utterance remains a complex and contested matter within Islamic jurisprudence and family law, with significant implications for the rights and welfare of women. The comparative analysis of academic literature, classical fiqh sources, statutory family law provisions, and contemporary fatwa rulings across Malaysia, Egypt, Saudi Arabia, and Pakistan highlights notable variations in scholarly opinions and legal interpretations regarding the validity and effect of such pronouncements.

Women subjected to triple talaq face substantial emotional, economic, and social repercussions, including the loss of financial security, societal stigma, and the burden of single-handedly managing childcare and household responsibilities. These challenges underscore the urgent need for legal and doctrinal responses sensitive to the lived realities of affected women.

To uphold the principles of justice (‘adl) and public welfare (maslahah), this study affirms that the Maqasid al-Shariah must serve as the central framework for addressing triple talaq cases. Fatwa institutions and legislative bodies should adopt more compassionate and context-sensitive rulings, prioritising the protection of women’s rights and the stability of the Muslim family unit. This approach will ensure that Islamic family law continues to fulfil its higher objectives of safeguarding human dignity, promoting social harmony, and preventing harm in contemporary Muslim societies.

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