scholarly journals Selections Of Jurisprudential Issues In Which Reason Must Be Mentioned In Book Of "Al-Ashbaah Wal-Nada'er" By Imam Al-Suyuti

2021 ◽  
Author(s):  
Ahmed Al-Halbousi
Keyword(s):  
Islamic Law ◽  
Topic Model ◽  
Scientific Study ◽  
Independent Research ◽  
Pledge Of Allegiance ◽  
The Right

Islamic law permits testimony as a means of establishing rights before the courts due to the people's need for it. That testimony is a trust that must be performed upon its request. So the witness does not have the right to arrange judgments on the grounds for it, but his job is to say what he hears in terms of acknowledgment and pledge of allegiance, or what he has seen of authorization and destruction. Then he transmits that to the judge, then the judge’s job is to arrange the effects on their causes, so the witness is a mediator, and the judge is disposed, and the binding reasons differ in them. Based on the aforementioned, I took research and extrapolation in the books of likenesses and analogues, especially the book of "Al-Ashbaah Wal-Nada'er" by Imam Al-Suyuti. It is a reason according to one of the imams, hence I liked to study the important of these issues of jurisprudence scientific study in an independent research. I have recorded it under the title: (Selections Of Jurisprudential Issues In Which Reason Must Be Mentioned In Book Of "Al-Ashbaah Wal-Nada'er" By Imam Al-Suyuti (D: 911 A.H.) - Testimony Topic Model -, naming, fourteen issues, proven in the folds of research.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

2020 ◽  
Vol 17 (1) ◽  
pp. 56-69
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha
Keyword(s):  
Qualitative Research ◽  
Financial Institutions ◽  
Research Methodology ◽  
Islamic Law ◽  
Islamic Banking ◽  
Legal Action ◽  
Qualitative Research Methodology ◽  
The Right ◽  
Limitation Of Action ◽  
Insight Into

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Global tolerance and its impact on peace

2019 ◽  
pp. 247-284
Author(s):  
م.د.فاتن محمد رزاق
Keyword(s):  
Islamic Law ◽  
Mutual Recognition ◽  
International Community ◽  
World Peace ◽  
Clash Of Civilizations ◽  
Democracy And Education ◽  
Moral Necessity ◽  
International Identity ◽  
The Right ◽  
The Impact

The concept of tolerance is gaining its importance in the midst of an international society suffering from violence, wars and internal and international crises. It is practiced by extremist and extremist forces and movements acting in the name of religion to exclude the different Muslim and non-Muslim people according to the unethical practices and methodologies of Islamic law and reality. , Cultural, civilization .. that distinguish our world today. The society today is suffering from the ideas of the intellectual and aesthetic views of the different ideologically, ethnically, culturally and religiously in the world of the South. This is what the end-of-history thesis of Fukuyama and the clash of civilizations represented to Huntington. Therefore, it is necessary to confront these extremist and extremist ideas and behaviors. Peace, security and freedom in the international community of justice and equality, needs to be addressed intellectual, cultural, moral and political before they are legal, these treatments are based on dialogue and cooperation and trust and respect and mutual recognition and tolerance so we find the importance of tolerance to The international community is concerned about the need for mechanisms that confront terrorism and violence with an ideology based on respect for the right of diversity, diversity and pluralism. Accordingly, tolerance is a political, cultural and moral necessity based on international legal foundations represented by the United Nations. Through its conferences, declarations and international resolutions issued by it and its specialized agencies, culminating in the Universal Declaration of Tolerance and the International Day of International Peace, and the political foundations represented by democracy and global citizenship that respects all identities and seeks to respect the rights of other identities under the umbrella of international identity Nsanhuahdh respects everyone, a society with a humanitarian goal of a global civil and Ahdlaaaraf borders and the identity of certain Qomahdolh, cultural and educational foundations through plans and programs with educational encourage a spirit of tolerance and world peace. The study was divided into three topics: the first dealt with the concept of tolerance and world peace, and the second topic dealt with the impact of international law and citizenship. In the promotion of world peace "as one of the elements of global tolerance. The last topic included" the role of democracy and education education "in the promotion of world peace and concluded the study by conclusion.

Revitalising Waqf (endowment) lands for agribusiness: potentials of the anchor company models

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Norfaridah Ali Azizan ◽  
Amirul Afif Muhamat ◽  
Sharifah Faigah Syed Alwi ◽  
Husniyati Ali ◽  
Amalia Qistina Casteneda Abdullah
Keyword(s):  
Household Income ◽  
Design Methodology ◽  
Potential Role ◽  
Islamic Law ◽  
Living Condition ◽  
Previous Literature ◽  
Content Type ◽  
Muslim Countries ◽  
The Right

PurposeWaqf (endowment) lands constitute as among the highest types of waqf (endowment) properties in Malaysia; yet it is still unable to reach its maximum potential due to various challenges such as capital, location, legal and administrative issues. Therefore, this study intends to explore these issues by focussing on the two states in Malaysia (Selangor and Perak) that have fertile lands but different management authorities.Design/methodology/approachThere were series of interviews that had been conducted with ten (10) key informants who are experts and practitioners in the areas of Shariah (Islamic law), farming, agribusiness, land management and waqf.FindingsFindings exhibit that constraints and challenges that had been highlighted in the previous literature still exist (although some improvements had been made), but there is emerging theme that the study intends to highlight which is on the needs to secure market for the agribusiness produce and the potential role of anchor company in the agribusiness. It is pertinent that for agribusiness to thrive, selecting the right anchor company that has the capacity to address the challenges is necessary. This study posits two anchor company models (Waqf Trustee-Anchor Company and Waqf Trustee-Anchor Company-Community Farmers) that can be applied for agribusiness on the waqf lands.Research limitations/implicationsThis study is based on the Malaysia's context influenced by specific country's features. Nevertheless, such findings can still be used as reference or benchmark by other endowment trustees in other countries especially for the Muslim countries as well as the non-Muslim countries that have significant Muslim populations.Social implicationsThe suggested models have potentials to improve the living condition of the B40 (below 40% household income) in Malaysia because the models encourage their participation in the agribusiness activities.Originality/valueThis study focusses on the agribusiness, which is rarely being given attention in previous literature in the context of endowment lands. Therefore, this article bridges the literature gap and at the same time attempts to provide suggestion to address the pertinent issue – the underutilised endowment lands.

THE PROBLEM OF ESTABLISHING THE CHILDʼS ORIGIN AND THE CHILDʼS RIGHT TO A FAMILY IN THE CONTEXT OF ISLAMIC LAW

2021 ◽  
pp. 205-211
Author(s):  
N.V. Kravchuk ◽  
Keyword(s):  
Islamic Law ◽  
Differential Regulation ◽  
The State ◽  
Muslim Countries ◽  
The Right

The review is focused on the issue of participation of the state in establishment of paternity and securing of the right in Muslim countries. Measures, adopted in this area, as noted, do not eliminate discrimination between children born in marriages and children born out of wedlock, but make their situation worse by allowing differential regulation of the same issue with regard to different groups of people.

Homicide in Islamic Law

1951 ◽  
Vol 13 (4) ◽  
pp. 811-828 ◽  
Author(s):  
J. N. D. Anderson
Keyword(s):  
Islamic Law ◽  
Discretionary Power ◽  
The Third ◽  
Simple Classification ◽  
First Category ◽  
Injured Party ◽  
The Right ◽  
Exclusive Or

Perhaps the first point which attracts the attention of the European lawyer who begins to study the treatment of qatl (homicide) in the text-books of Islamic law is that it is there treated, in modern parlance, more as a tort than a crime. To understand the offence properly, however, no such simple classification will suffice: instead, it is essential to view it in its historical setting and detailed development.Under the heading of ‘uqūbāt, or punishments, Muslim lawyers treat primarily the very limited number of offences for which definite penalties (hudūd, singular hadd) are expressly prescribed in the arīa, although reference is also frequently made to the discretionary power of the Ruler or Judge suitably to punish other wrongdoing. Offences in general, moreover, are normally sub-divided into those which are regarded as exclusively involving the “right of God”, those in which both the “right of God” and the right of some individual is recognized but the former is held to preponderate, and those in which the latter is regarded as predominant. In the first category all jurists include sariqa in its two degrees (theft and brigandage), zinā (illicit sex relations), urb (wine drinking) and, when placed in this context, irtidād (apostacy from Islam); in the second, some jurists place qaf (the unproved assertion of a chaste person's incontinence), although others put this in the third category; while in the latter all include homicide and wounding. In effect an offence in which the right of God (as the Head of the community) is held to be exclusive or preponderant more or less corresponds to the modern crime, and one in which a private individual's right is regarded as predominant to the modern tort, for the chief practical difference is that in the former neither the party primarily injured nor, indeed, the Court may drop the case or allow a settlement once it has been started, while in the latter the injured party may do either at his or her discretion.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals Konsep Talak Menurut Ibnu Qayyim Al-Jauziyyah (Analisis Waktu Dan Jumlah Penjatuhan Talak)

2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra
Keyword(s):  
Family Relationships ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Foster Family ◽  
History Of ◽  
The Law ◽  
The Right

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 

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