Indonesian Council of Ulama Fatwa on Talak Three Times At Once

This fatwa states that there are two conflicting opinions regarding divorce (pronouncement of talak). The first is that the pronouncement of talak three times at once is akin to the third talak. This opinion was held by the Companions of the Prophet (Sahaba), the Tabi'in (the next generation), and imams of all four schools (mazhab) of Sunni Islamic thought. The counter opinion is that pronouncement of talak three times at once is only akin to the first of three pronouncements of talak. This opinion was held by Thawus, the Imamiyah school (mazhab) of Shi'a Islamic thought, Ibnu Taimiyah, and Ahlu az-Zahir. The fatwa states that the Committee finds the former opinion to be more sound. It also notes that marriage and divorce is regulated for Muslims in ss 10 and 31 of Law No. 1 of 1974 on Marriage, and ss 14-18 of Government Regulation No. 9 of 1975.

The fatwa states that efforts must be made to prevent three pronouncements of talak at once occurring again. Moreover, that if state marriage laws are implemented correctly, there will be no more incidents of three pronouncements of talak at once in Indonesia. The fatwa also acknowledges the significance of the role of the religious courts (pengadilan agama) in preventing such incidents occurring in the future.

FirstPreviousPage 1 of of 2NextLast