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Conditional divorce

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: If a husband takes a qasam that he has no relation with that lady which is ought to be his wife and he often says that they are not mine. He also says that if they say they are my wives then I give them talaq talaq talaq three time. He even holds the Quran in his hand and says that they are not in my relationship. Does it mean talaq and is it talaq for all his wives?

Bismillaah

A: This is a conditional divorce. A conditional divorce means that if the condition is found then that divorce will take place.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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