Triple Divorce in a Single Utterance in Libyan Dar al-Ifta Fatwas: The Maqāṣid Distribution on Institutional Duality
Abstract
This study examines how the Libyan Dar al-Ifta (2012-2016) implements ahkam on triple divorce pronounced in a single utterance (ṭalāq al-thalāth bi-lafẓ wāḥid) or closely related patterns which related to divorce counting. Using a qualitative, document-based design method and juristic content analysis, the study examines a purposive corpus of published fatwas addressing (1) explicit numerical pronouncements “by three”, (2) repeated utterances (ṭāliq / hiya ṭāliq) framed as emphasis versus multiple enactments, and (3) conditional divorce and divorce oaths. Results show that the majority juristic position and authoritative transmissions are used to enforce the fatwa (explicit-number and conditional “three”). Repetition treated as emphasis under constrained intention. Moreover, the study reveals an institutional duality in Libya in which fatwas often enforce conditional or oath-based triggers and count explicit-number pronouncements as three if the awareness is present. On the other hand, Law No. 10 of 1984 limits the effect of numbered divorce to one, prevents conditional divorce and divorce-oath effects. This contradiction between the fatwas and the law is interpreted as a distribution of Maqāṣid across institutions, where prevention and safeguarding the seriousness of divorce language are emphasized in fatwa practice, while harm reduction and family stability are institutionalized through legal policy and procedure. This study, empirically, contributes the ongoing discussions of fatwa reasoning in society and clarifies how the tension between Ibn Abbas hadith and the majority pathway is managed and understood as evidence or an exception rather than a rule.
Keywords
Article Information
Issue: Vol. 5 No. 1 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Copyright
Copyright (c) 2026 Mowafg Masuwd, Nahid Ayad, Safa Alrumayh, Naser Abdulghani

This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with Parewa Saraq agree to the following terms:
- Authors retain copyright and grant the Parewa Saraq right of first publication with the work simultaneously licensed under Creative Commons Attribution License (CC BY 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the published version of the work (e.g., post it to an institutional repository or edit it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.