I am Married, Sunni (Hanafi). I Need to ask this that few days ago I had a conflict with my wife on mobile phone on some issue and at the end she said that she will switch her mobile off for that whole night as she is living in a different city and I gave conditional talaq and said she will be divorced if she will do so. I meant to say that she will not keep mobile switched off as per her statement. Now problem is this that she did not switched it off against my challenge but she changed her SIM Card for that mobile has to be switched off because she wanted to call me because in her inserted SIM Card there was no balance. Please give me fatwa in this condition because I am very upset and want your guidance.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1266/940/B=10/1434)

In the above mentioned case, if the wife switched off her mobile whole night as per her saying whether she switched it off for changing SIM Card or due to unavailability of balance, in each case the condition was met. Hence one muallaq talaq given by the husband occurred. It is talaq rajai. If the husband wants to take her back, he may take her back during iddah period. There is no need of new nikah or halalah. If the iddah was over then it is necessary to do new nikah with new mahr.

Note: And if your wife did not switch off her mobile whole night and she switched off her mobile only for some time to change the SIM Card, then no talaq took place. (N)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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