Placing conditions of Talaq in the marriage

Fatwa ID: 02685

Answered by: Maulana Imran Mughal

Question:

Assalamualeikum

Is it possible for one to lay out conditions and say to his wife if she repeated or breached these conditions than consider herself talaq / divorced from him*3?

For example if you stop me from helping/serving my ill parents, if you stop me from acting on matters of deen, If you cause insult, etc.


I understand the issue would be how it will be evidenced that wife has breached a condition beyond the specified degree in the agreement with the husband.

There could be a fatwa on this element.
 

I see the benefit of this will be to save a lot of arguments that will help avoid a toxic environment for children.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

It is possible for one to specify a condition, on the breaching of which the consequence can be divorce. This is known as Taleequ Talaq.[1]

 

And Allah SWT alone knows best.

 

Answered by Maulana Imran Mughal

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1]Fatawa Hindiyyah (Beirut: DKI, 2000), Vol 1 Pg. 452.

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