Fatwa ID: 08992
Answered by Alimah Emaan Amin
Question:
Assalamu Alaykum, If I said to my wife that if she talks to any adult she stands divorced. Is divorce valid? Kindly support it with Maliki School of jurisprudence authority.
Thanks
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Thank you for your enquiry.
As your question relates to a specific conditional statement linked to divorce (talaq) and you have specifically requested a ruling according to the Maliki school of jurisprudence, we would respectfully advise that this matter be referred to a qualified Maliki Darul Ifta like https://www.almaqasid.org/fatwa for an authoritative verdict.
Questions concerning conditional divorce are often highly dependent upon the exact wording used, the language spoken, the intention of the husband, the circumstances surrounding the statement, and any subsequent events. For this reason, it would not be appropriate to issue a definitive ruling without a detailed review by a Maliki mufti.
Please submit the following information to a Maliki Darul Ifta:
- The exact words that were spoken.
- The language in which they were spoken.
- Whether the statement was directed to your wife personally.
- What was intended by the statement at the time.
- Whether your wifesubsequentlyspoke to an adult after the statement was made.
- Any other relevant circumstances.
A qualified Maliki mufti will then be able to assess the case and provide the ruling together with the relevant evidence and citations from recognised Maliki authorities.
Only Allah ﷻ knows best.
Written by Alimah Emaan Amin
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham