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One or three?: exploring the scholarly conflict over the question of triple Talāq (divorce) in Islamic law with particular emphasis on Oman

By Khalid Al-Azri

Abstract

This article explores Talāq, which refers to the right of men in Islam to divorce their wives, with particular emphasis upon triple Talāq. This article seeks to answer the question of how triple Talāq at one time is applied in modern-day Muslim societies, in light of contemporary socio-economic conditions. The historical events surrounding the emergence of triple Talāq in Islam demonstrates the possibility of its renewal in Islamic law. This is significant because it demonstrates that, contrary to the teaching of many Muslim scholars including contemporary Ibadī scholars in Oman, change and renewal are not inimical to Islam but rather intrinsic to it. I argue here that the inflexibility of Ibadī scholars regarding triple Talāq at one time promotes gender inequality and discriminatory practices in Oman, especially towards women. This article begins by exploring the different methods of Talāq in Islamic law. It then focuses on triple Talāq at one time (in one event). The discussion of triple Talāq at one time aims to explore the interaction between legal, economic and social factors, on one hand, and how these factors have affected the law of triple Talāq during both pre-modern and contemporary Muslim societies. Subsequently, the article will examine how contemporary Muslim scholars react to the new social and economic factors associated with triple Talāq at one time

Topics: BP Islam. Bahaism. Theosophy, etc, K Law (General)
Publisher: BRILL
Year: 2011
DOI identifier: 10.1163/157302511X568529
OAI identifier: oai:eprints.lse.ac.uk:37522
Provided by: LSE Research Online
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