خبر ركانة في الطلاق ثلاثا وأثره الفقهي

الملخص EN

This research aims to study one of the detailed evidence in the issue of triple divorce, specifically whether three divorces occur simultaneously and the wife needs to marry another husband before remarrying the previous one, or if it occurs as one in a single sitting or multiple sittings.

the focus is on the authenticity of the Hadith, applying the principles of Hadith criticism in authentication and weakening.

the research also explores the jurisprudential implications of the Hadith in question, examining the balance in the context of contemporary jurisprudence considerations.

the study derives its importance from the severity of the issue of triple divorce, as it can lead to the breakdown of the family structure in a complex social reality, causing numerous harms to women and children.

the significance of the Hadith of Rukana lies in its potential to contribute to the balance and preference between different evidences in this matter.

the methodology employed in this study is descriptive, involving the presentation of the statements of scholars in the field of narration criticism and adjustment, as well as analytical, particularly in critiquing the opinions of Hadith and jurisprudence, comparing them, and balancing between them.

the research also follows a documentation approach in referencing information to its sources, grading and numbering Hadiths, among other methods.

the research concludes with several important results, including that the Hadith does not fall below the level of "Hasan" (good), and it is cited by scholars in legal rulings.

the most reliable and preferable chain of narration is through Muhammad Ibn Ishaq from Dawood from Ikrimah, as it provides a clear indication that triple divorce occurs as one.

based on this, claims of deviating from the consensus on its occurrence as three divorces in one go are not valid, and the assertion of consensus on its occurrence as three divorces is also not accurate.

in light of the complex social reality and the significant harms affecting all parties involved in a broken family, the study leans towards favoring this opinion, suggesting that it is acceptable and valid for religious scholars, Fatwa bodies, jurisprudential councils, and personal status laws to adopt it.