Fatwa ID: 02722

Answered by: Moulana Tahsin Alam

Question:

Assalamu Alaikum Wa Rahmatullah!

If someone gave conditional talaq to a girl before nikah for example:

“If I smoke and then marry Ayesha, she'll be 3 times talaq on me. and then he smoked.

So now, if he wants to marry Ayesha, what is the way and solution for him to marry Ayesha as he has been given talaq on the condition before nikah and then broke this condition?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,

Once he marries her, she will immediately be mughallaẓ (ḥarām) on him.^[1] She will have to marry another man, have intercourse with him and if that marriage ends, she will be ḥalāl for marriage for the first man.

Only Allah knows best

Written by Moulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] Al-Hidāyah volume 3, pg. 196.

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