Fatwa ID: 07482
Answered by Alimah Shireen Mangera-Badat
Question:
I have a question about conditional divorce.
If a man says to his wife ” If I lie on this particular subject, I have to divorce” (meaning he had to pronounce effective divorce words if he lies) and he lies on the topic, is it a conditional divorce? Or is it just a promise to pronounce divorce if he lies.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Your question pertains to the issue of conditional divorce (talaq mu‘allaq), which is an important topic in Hanafi Fiqh. The scenario you described involves a man who stipulates divorce if he lies on a particular subject.
To answer this from a Hanafi perspective, it is crucial to distinguish between a conditional divorce and a mere promise or threat of divorce.
- Conditional Divorce (Talaq Mu‘allaq):
In Hanafi Fiqh, when a man explicitly conditions divorce on the occurrence of a future event, the divorce will automatically take place if that condition is fulfilled. The key issue here is whether the statement made by the husband was a clear ta’liq (condition) or simply a promise to pronounce divorce.
If the husband says, “If I lie about this subject, then divorce will occur,” and he lies, then divorce will automatically take effect because this is a conditional divorce (talaq mu‘allaq). This is not considered a mere promise or a threat; rather, it is binding if the condition is fulfilled.
In your case, if the husband lies after making the condition, the divorce takes place immediately without the need for further pronouncement, because the condition (lying) has occurred.
2. Promise or Threat of Divorce:
If the husband’s statement is merely a threat or promise to divorce in the future without explicitly tying it to a condition, it is not a conditional divorce. In this case, divorce does not automatically take place upon the occurrence of the event (lying), and the husband would need to issue a clear statement of divorce afterward for it to be valid.
However, the wording you mentioned— “If I lie, I have to divorce”—is closer to a condition than a mere threat or promise. This is important because in Hanafi Fiqh, the difference between ta’liq (conditional divorce) and a promise of divorce lies in the specificity and binding nature of the condition. If the wording was clearly intended as a condition, divorce would occur automatically when the condition is met.
- Divorce Takes Place When the Condition is Met:
In Hanafi Fiqh, if the condition set for divorce is fulfilled (i.e., the husband lies in this case), the divorce takes effect. It does not require further pronouncement, because the initial statement already included the conditional ta’liq. Therefore, if the husband lies, the divorce automatically occurs.
- Conclusion Based on Hanafi Fiqh:
If the husband’s statement is explicitly conditional, such as “If I lie on this subject, divorce will happen,” then the divorce takes place automatically when the condition (lying) is fulfilled. This is known as talaq mu‘allaq.
It is not merely a promise or threat of divorce but a binding condition. Therefore, if the man lies, the divorce becomes effective, and there is no need for a separate pronouncement of divorce.
Important Clarification:
In situations involving conditional divorce, it is crucial to clarify the wording and the husband’s intention when making the statement. If there is ambiguity, scholars should be consulted to provide a specific ruling based on the exact words and intention.
In your case, if the statement was clearly conditional, the divorce takes place when the condition (lying) is fulfilled, according to the principles of Hanafi Fiqh.
Only Allah knows best.
Written by: Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
“إذا قال لامرأته: إن فعلت كذا فأنت طالق، ففعلته، طلقت، لأن الشرط إذا وجد وجد الجزاء، وهو الطلاق.”
(Al-Hidaya, Volume 2, Page 352)
“والتعليق بشرط يفيد الوجوب عند حصول الشرط”
(Radd al-Muhtar, Volume 3, Page 451)
“ومن علّق طلاق امرأته بصفة فوجدت الصفة وقع الطلاق.”
(Mukhtasar al-Quduri, Page 222)
“والطلاق المعلق بشرط يقع عند وجود الشرط، ولا يحتاج إلى تكرار اللفظ.”
(Fatawa Hindiyya, Volume 1, Page 374)
