Divorce With Ta’leeq

CategoriesDivorce [623]

Fatwa ID: 06181

 

Answered by: Shaykh Shafiur Rahman

 

Question:

“I divorce you, I divorce you, I divorce and it’ll only be effective if you are unable to fulfil conditions I have set. Does anyone feel this could fall under a valid ta’liq or does it seem disconnected due to the ‘and it will only be effective’

 

 

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

 

Answer:

 

In common English usage, the husband’s statement you have provided can be counted as a conditional sentence (as it’s one full connected sentence) and therefore can qualify as a valid ta’liq (condition).

 

In addition, if there is a dispute between husband and wife on whether the pronouncement of divorce was conditional or not then the word of the husband is taken on such matters unless the wife can produce evidence to the contrary.1 So if he says it was conditional then it can be taken as such. However, it is not clear what conditions he set unless this is already known between them, or you have not mentioned that part.

 

 

Only Allah knows best

Written by Shaykh Shafiur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

 

1 وإن اختلفا في وجود الشرط فالقول قول الزوج إلا أن تقيم المرأة البينة ” لأنه متمسك بالأصل وهو عدم الشرط ولأنه ينكر وقوع الطلاق وزوال الملك والمرأة تدعيه ” 

ص245 – كتاب الهداية في شرح بداية المبتدي – مدخل – المكتبة الشاملة

 

 

 

 

 

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