Three divorces at one instance with special reference to the fatawa of Ibn Taymiyyah

Awal, Mohammad Abdul (1998). Three divorces at one instance with special reference to the fatawa of Ibn Taymiyyah. University of Birmingham. M.Phil.

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Abstract

"Three Divorces at one instance with special reference to the Fatãwa of ibn Taymiyya."
The legal issue concerning three divorces at one instance and one sitting has been regarded as highly controversial.
Muslims opinion on this issue all along 1400 years remained divided. Juristic development on this controversial issue can be divided into three phases:
1. From the time of Prophet (saws) up to two years of the Khilafah of äUmar.
2. From the Caliph äUmar to the period of the Imãm ibn Taymiyyah (1263-1328AD/661-728AH)
3. From the Imãm ibn Taymiyyah (1328AD/728AH) to date.
An attempt has been made to present the views of the most prominent Jurists who support the legal effect of three divorces at one instance as absolutely irrevocable and the legal views of Jurists who consider the matters as one revocable divorce.
The selection of the celebrated works representing both views are such that they cover all three phases mentioned above on this legal issue.
Concerning the first view, the verdict (Qarãr) of the fatãwa on the subject "Three divorces in one instance by the renowned Islamic Organisation of Saudi Arabia "Dãr al-Iftã" which has sanctioned by the honourable Shaykh Abdul Aziz ibn Abdullah ibn Bãz, the President of Dãr al-Iftã, the grand Muftï of the kingdom of Saudi Arabia. And the very recent views of leading Hanafï scholars of India under the leadership of Hadrat Mawlana Sayed Asäad Madani, Amir al-Hind have been translated.
As regards to the second view the relevant pages of the celebrated fatãwa of the Imam ibn Taymiyyah has been translated.
This study also presents the evaluation of both views, and is divided into two chapters. The chapter one is sub-divided into two sections. Section one includes a brief introduction of divorce, its Classification and revocation. Section two contains the English translation of above mentioned two contemporary legal verdicts on this issues.
The chapter two presents the English Translation of the relevant aspects of the fatãwa of the Imam ibn Taymiyyah.
The Conclusion deals with a critical evaluation of both legal views enabling Muslims who are divided in this issue to decide by themselves whenever they confront with such problems.

Type of Work:

Thesis (Masters by Research > M.Phil.)

Award Type:

Masters by Research > M.Phil.

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