Assalamualaikum I want to know what is the Islamic stand on triple talaaq. Also,can a woman include a condition which forbids her husband from taking another wife while he's married to her in the marriage contract?
Alaikumassalam wa rahmatullah,
On the issue of the “triple talaq” where a man says or writes “you’re divorced” three times to his wife, I prefer Ibn Taymiyya’s opinion that this counts as only one divorce. Regardless of how the talaq is worded, a man can only divorce his wife once.
Also note that talaq is not valid if the woman is menstruating, or if she is not menstruating but her husband has had sexual intimacy with her after her menstruation. The only way to make a valid talaq that counts in Islamic law is to say it during a period of “purity”, meaning:
- The woman should not be menstruating
- They shouldn’t have had sexual intimacy since her last menstruation
So if a man utters a triple talaq, or one talaq, at a time that does not satisfy the above two conditions, then no talaq has taken place.
As for the question of adding to the marriage contract the condition that the husband should not get another wife while married to her, then this is permitted. If he gets another wife, this does not nullify the marriage, but it means the wife has the full right to demand divorce and get her full dowry.
References:
- Fatwa from IslamOnline (Arabic PDF)
- Fatwa from Shaykh Muhammad b. Amin (Arabic PDF)
- Fatwa from the Qatari Fatwa Authority (Arabic PDF)