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TALAQ ON CONDITION

Last updated: 19th April 2012
Question ID: #4165
Short URL: http://qa.muftisays.com/?4165
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mohammed
19th April 2012

 
asalamalaikum brother,I would like to ask you regarding divorce. If a man says to his wife 'do not do a certain act or I have divorced you Three times.[if you do the act]'.Then later he says I didnt mean it ,its ok now if you do the act.So his wife does the act thinking its ok .Is she divorced or not and if so is she divorced three times ? I would like to add that the man does not follow any mazhab in particular and says the divorce is not valid,according to his beliefs.I will be grateful for your help.jazakAllah



Answer
Bismillah



Al Jawaab Billahit-Tawfeeq (the answer with Allah's guidance)





Three Talaq will take place if the act is done.



There is no way of having words of divorce revoked in the Shari'ah. However, in regards to a conditional Talaq, if the husband wants to retract from the condition he made. The Shari' leeway would be for the husband to give one irrevocable Talaq before she does the act, then let her pass her Iddah and even if she does the act Talaq will not take place, because the conditional Talaq (Taleeq Talaq) has now become ineffective, as they are not married.



Therefore, there will be no problem even if he was to marry her again.





( Imdadul Fataawa Vol.1 Pg.411, Imdadul Ahkam Vol.4 Pg.125)





And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
29th June 2012
Answered by:
Ulamaa ID 04
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