Fatwa ID: 08931
Answered by Maulana Mohammed Aabu Saeed Miah
Question:
There were ongoing personal issues and disputes between me and my wife. During this period, we spoke multiple times on the phone. In those conversations, I repeatedly placed conditional divorce statements (talaq mu‘allaq), saying in different words:
“If you lie to me, hide anything from me, or deceive me, then you are divorced.”
Sometimes I added forgiveness for genuine forgetfulness or unintentional mistakes. These statements were tied to the arguments and my questioning.
19th July Call (First Call)
I told my wife:
“If I put a conditional divorce statement and you lie, then you are divorced. Do not lie, do not deceive, do not cheat.”
Then I asked her some specific questions. She replied that she told me everything truthfully, according to her memory.
20th July Call (Second Call)
The next day, I told her:
“This call also has the same condition as yesterday: if you lie, deceive, or hide, then you are divorced.”
7–8 Days Later (Third Call)
After about a week, there was another call. Again I said:
“This call also carries the same condition as before.”
I asked specific questions again.
Same Day (Fourth Call)
On the same day, another call happened. I again said:
“This call also has the same condition as the earlier ones: if you lie, deceive, or hide, then you are divorced.”
But this time I added:
“If I ask you something and you genuinely forget or it slips your memory, then you are forgiven.”
Sunday Call (Fifth Call)
Later, on a Sunday, I said something slightly different:
“From 3 July until 30 July, if you have lied, hidden something, or deceived me, then the same condition applies.”
I may not have repeated the word “divorce” explicitly, but I clearly referred back to the earlier conditional talaq statements.
Afterwards
Later, I told my wife:
“If you remember something later, you must also tell me.”
At that point, my wife said:
“Remove the condition, and then I will tell you.”
After I removed the condition, she told me 2–3 things which she remembered.
Context
All of this took place in the middle of tension and arguments. Each time, the conditional divorce statement was tied either to specific questions or to the general theme of lying, deception, or hiding information.
My Questions
My wife claims she did not lie, but I doubt she may have lied. I cannot prove it. Does divorce occur based only on my suspicion?
My wife claims she did not hide anything, but I suspect she may have hidden something. I cannot prove it. Does divorce occur based on suspicion alone?
My wife claims she answered truthfully, but I suspect she may have twisted or manipulated her answers. I cannot prove it. Does divorce occur in this case?
On the Sunday call, I said: “From 3 July to 30 July, if you lied, hid, or deceived, then the condition applies.”
Later, my wife told me: “If you remove the condition, I will tell you some things I remembered.”
When I removed the condition, she told me 2–3 things.
Do those count as lies or hidden things under the condition? Does divorce occur because she delayed telling them?
In this whole matter, in which situations would divorce actually occur, and how many divorces could occur?
If my wife hid something intentionally or unintentionally, would divorce occur?
If my wife twisted or rephrased something intentionally or unintentionally, would divorce occur?
If she delayed telling me until I removed the condition, does that count as deception?
If there were 3–4 such instances, would each count as a separate divorce, or would it still be only one?
My Wife’s Questions
My husband said: “When I ask you something under a conditional divorce statement, if you lie, then divorce will take effect.”
Does this condition apply only at the time he is asking me those questions, or does it remain afterwards as well?
If later I remember something that I didn’t say at that time (because it had slipped my mind), is it obligatory for me to tell him afterwards?
Because my husband only said: “When I ask you under that condition, if you lie, then divorce will occur.”
He did not say that this condition would remain binding afterwards forever.
Later, when my husband added: “If something comes to your memory later, then you must also tell me,” does that change the rule?
Summary of Case
Multiple conditional talaq statements were made in July, tied to truthfulness in answering questions.
One major general condition was set from 3 July to 30 July.
Later, an additional clause was added: “If you remember later, you must also tell me.”
Some things were remembered by my wife but she only told them after I removed the condition.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Re: Husband’s Questions
According to your suspicion of being lied to or deceived, the Talaq will not come into effect. This is because doubt does not remove certainty. The doubt of deception against the certain honour of a believer is not considered. [1]
Regarding, “On the Sunday call, I said: “From 3 July to 30 July, if you lied, hid, or deceived, then the condition applies.” – This statement is a reiteration of your previous conditions. Your wife later then informing you of some things does not necessitate that you have been lied to or deceived. It is possible that these things were later remembered after the expression of conditional divorce and not hidden or lied about. Therefore, divorce will not occur here.
Regarding the amounts of divorce that will occur, every time you were lied to or deceived it will cause a Talaq. This is because the Talaq was stipulated against them. Therefore, upon fulfilment of the condition the Talaq will occur and will not total one Talaq. Talaq would have occurred if at any time your wife lied or deceived you during the conversation which began with your stipulations. [2]
Re: Wife’s Questions
Re: My husband said: “When I ask you something under a conditional divorce statement, if you lie, then divorce will take effect.” – This conditional statement will only be according to that conversation and will not carry on further than that.
Re: : “If something comes to your memory later, then you must also tell me,” does that change the rule? – In this matter, if it was part of the stipulation that it must be informed upon remembering otherwise divorce, then one divorce will take place. This is because when a condition talaq is issued, and the condition is found then one Talaq will take place
In conclusion, Suspicion of lying or deception will not cause a Talaq to take place. The fulfilment of any of the conditions will cause a Talaq to take place, however, this did not happen. If it was stipulated that “failure to inform anything which was remembered later by the wife will cause Talaq”, then intentionally not mentioning them after remembering will cause one Talaq. This does not seem to be the case according to the details provided.
Only Allah knows best.
Written by Maulana Mohammed Aabu Saeed Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] ” اليقين لا يزول بالشك” – قاعدة 3 – القواعد الفقهية للشيخ عزت عبيد الدعاس
[2]
وَإِذَا كَانَ الْجَزَاءُ فِعْلًا إمَّا فِعْلٌ مُسْتَقْبَلٌ أَوْ فِعْلٌ مَاضٍ فَالْجَزَاءُ يَتَعَلَّقُ بِالشَّرْطِ بِدُونِ حَرْفِ الْفَاءِ وَيُبْتَنَى عَلَى هَذَا الْأَصْلِ مَا إذَا قَالَ لَهَا: إنْ دَخَلْتُ الدَّارَ وَأَنْتِ طَالِقٌ فَإِنَّهَا تَطْلُقُ لِلْحَالِ وَإِنْ قَالَ: عَنَيْتُ التَّعْلِيقَ لَا يَدِينُ أَصْلًا هَكَذَا ذُكِرَ فِي الْجَامِعِ وَبَعْضُ مَشَايِخِنَا قَالُوا: يُسْأَلُ الزَّوْجُ كَيْفَ نَوَيْتَ إنْ قَالَ: بِإِضْمَارِ حَرْفِ الْفَاءِ لَا تَصِحُّ نِيَّتُهُ أَصْلًا وَإِنْ كَانَ بِالتَّقْدِيمِ وَالتَّأْخِيرِ تَصِحُّ نِيَّتُهُ فِيمَا بَيْنَهُ وَبَيْنَ اللَّهِ – تَعَالَى – وَكَذَلِكَ إذَا قَالَ لَهَا: فَإِنْ دَخَلْتُ الدَّارَ أَنْتِ طَالِقٌ تَطْلُقُ لِلْحَالِ. وَإِنْ عَنَى التَّعْلِيقَ دِينَ فِيمَا بَيْنَهُ وَبَيْنَ اللَّهِ – تَعَالَى – وَكَذَلِكَ إذَا قَالَ لَهَا: أَنْتِ طَالِقٌ وَإِنْ دَخَلْتُ الدَّارَ فَإِنَّهَا تَطْلُقُ لِلْحَالِ وَإِنْ عَنَى التَّعْلِيقَ لَا يَدِينُ أَصْلًا لَا فِي الْقَضَاءِ وَلَا فِيمَا بَيْنَهُ وَبَيْنَ رَبِّهِ وَلَمْ يَذْكُرْ مُحَمَّدٌ –
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