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Conditional talaaq to keep wife from cheating

Answered as per Hanafi Fiqh by Askimam.org

I get suspicious of my wife.

I got married recently and I suspect my wife could cheat. The reason why I suspect her is that she regularly makes contact with other men when we go out together and she always denies it. Would it be ok to issue a conditional divorce in advice that if she should cheat then 3 talaaqs will automatically have taken place? This is just to try and get her to be more loyal. She has recently got a job at a hospital where she will work with other people including men so the chances of her cheating become more likely.

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Brother in Islaam,

A relationship is based on trust. You should not fear nor accuse your wife of disloyalty unless you have valid grounds to do so. If you feel that your wife is being disloyal or is doing something you do not like, speak to her and address the issue. Issuing a conditional talaaq, and that too of three talaaqs, is cowardly and irresponsible. We advise you to apply your mind and discuss the matter with her. Do not make statements that may cause you grievances in the future.

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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