Connecting the Khula with a Talaq in the future tense

Fatwa ID: 01932

Answered by Mufti Mohammed Tosir Miah

Question:

Me and my wife were leading happy life. One day she was angry on me and I on her… she asked me for Khula in night then I said if u require then I will give talaaq. And I said same sentence thrice. The very next morning she came and wants to lead life with me and even I am ready to accept her… is my word talaaq is considered? What is the solution?

Answer:

Bismillah

The key point from the afore mentioned question is the word “I will give divorce” This denotes future tense. Hence, the meaning of the sentence is that if you want the Khula I will divorce you in the future. The Islamic ruling regarding talaq being uttered in the future tense is that talaq does not occur. They are merely a promise or a warning and promises and warnings do not effect talaq. (Badaaius Sanaai p.210 v.2)

Therefore, the conclusion we can come to is that the aforementioned condition for divorce would not occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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