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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

Al-Azri, Khalid (2011) One or three?: exploring the scholarly conflict over the question of triple Talāq (divorce) in Islamic law with particular emphasis on Oman. Arab Law Quarterly, 25 (3). pp. 277-296. ISSN 0268-0556

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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.

Item Type: Article
Official URL: http://www.brill.nl/arab-law-quarterly
Additional Information: © 2011 Koninklijke Brill NV
Library of Congress subject classification: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Sets: Research centres and groups > LSE Global Governance
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 20 Jul 2011 11:03
URL: http://eprints.lse.ac.uk/37522/

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