Conditional Divorce before Nikah

Fatwa ID: 04102

Answered by: Maulana Maruf Ahmed

 

Question

 

Assalamwalikum. I have a question regarding conditional divorce. I am still unmarried and I haven't had any nikah but I placed a condition on the girl if you had a sexual relationship with someone you will be divorced? Is this divorce valid before nikah? Can I revoke my decision?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer

 

Issuing a divorce that is subject to the fulfillment of a condition is known as Ta’liq al-Talaq (conditional divorce).

 

Divorce can only be issued once nikah has taken place. This includes Ta’liq al-Talaq. [1]

 

The only case of Ta’liq al-Talaq which is made before marriage and is effective is if someone makes the condition of marriage itself (i.e. he says “if I marry you, then you are divorced”). [2]

 

Therefore, in the scenario mentioned in the question, divorce will not take place, unless you repeat those words after marriage, in which case divorce will take place if she did have any previous sexual relations.[3]

 

 

Only Allah knows best

Written by Maulana Maruf Ahmed

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1] Al-Aini, Umdatul Qari: vol. 20 pg. 245. Dar Ihya al-Turath al-Arabi, Beirut.

[2] Ibn Abideen, Radd al-Muhtar: vol. 3 pg. 744. Dar al-Fikr, Beirut.

[3] Ibn Abideen, Radd al-Muhtar: vol. 3 pg. 345. Dar al-Fikr, Beirut.

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