One or Three? Exploring the Scholarly Conflict over the Question of Triple riple Talāq (Divorce) in Islamic Law with Particular Emphasis on Oman
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 co...
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Veröffentlicht in: | Arab law quarterly 2011, Vol.25 (3), p.277-296 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | 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. |
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ISSN: | 0268-0556 1573-0255 0268-0556 |
DOI: | 10.1163/157302511X568529 |