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Conditional Divorce

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Bahishti Zewar  –  Conditional Divorce   –  Mas’ala 2  “If  anyone said to wife that if she does certain thing she will have divorce……………….; then if she does that thing, it will be revocable divorce”
Assuming  a  husband  forbids a wife  from communicating / meeting  with  a  certain man –  tells  her  that  if  she does so in future,  she  must  consider  herself  divorced.
The wife subsequently secretly  communicates / meets  with  this  man.  

What  is  the  status  of  Nikah / sin  for

1) Wife  who  defies  husband?
2) Husband  who  is  not or  does  not  become aware  of  communication / meetings?

Answer:

 

 

1. If a husband forbids his wife to talk to strange men then she will be sinful by doing so. The wife should be allowed to talk to her Mahaarim i.e. her father, brothers, sons, nephews and uncles. The husband is allowed to stop her from talking to strange men because he has a responsibility over her. Nabi SAW stated in Hadith, “Behold each of you are shepherds and each of you will be questioned regarding your flock; a man will be questioned regarding his family……..” as to how he nurtured them and made their reformation. In another Hadith Nabi SAW said,” a woman does not (unjustly) cause harm to her husband in this world except that his wife from the Hoors exclaim,” Woe unto you! He is only a visitor to you. Soon he will separate from you and come to us” (Tirmidhi). This Hadith warns that woman who harms her husband unjustly.

2. If the husband is unaware of his wife communicating with a strange man, the same person upon which the Talaaq was made conditional, then the Talaaq will take place. It is upon the wife to confess to her husband her communicating with this man. It is impermissible for her to live with him knowing what the condition was, and knowing that the condition was found. If she doesn’t confess and continues to live with him she will be sinful.  

And Allah Ta’ala knows best

Shaakir bin Moulana Yaseen Rahim

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

27 July 2006

01 Rajab 1427

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