Talaq Muallaq

CategoriesDivorce [567]

Talaq Muallaq 

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

 

According to Imam Abu Hanifah (RA), all types of taleeq are valid and if the condition is found the divorce will occur. On the other hand Imam Shafi (RA) and Imam Ahmad Bin Hanbal (RA) are of the view that all types of taleeq are invalid and divorce will not occur.   (Dars Tirmizi p.491 v.3)

 

It is narrated from Saaiduna Abdullah Ibn Umar Radiallahu Anhu that he said, “If a man says ‘When I marry such a girl, she is divorced’ then this will occur when he gets married to her.  And if he gave her one divorce or two or three, this will occur (after he marries her) according to what he had said.”   (Muwatta Imam Muhammad p.254)

 

Finally, I have not come across the hadith which you mentioned in your question.

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.

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