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.