Conditional divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I want to ask about conditional divorce. My wife and I had many fights for the reason that she used to check my phone and usually fighting with me for many issues, e.g. my contact list messeges from my students, etc. I was sick and tired of these fights because it had been a routine and I was highly stressed because of these querrels.

This Ramadhaan I slept after offering my Fajar prayers and at about 9 am when I was about to wake up, I noticed my wife investigating my phone again. I was in extreme anger and I said to her “Next time if you touch my phone, consider it a talaaq” “اب اگر تم نے میرا فون چھوا تو میری طرف سے طلاق سمجھنا” I wanted to stop her from invetigating my phone and not the normal usage. Afterwards I handed over my phone to her myself for several reasons like receiving and making calls and she never did the investigation on my phone again.

I want to seek your guidance about the conditional divorce in Islam, as on my reserch from internet and direct question from one of the Mufti Saheb I received diversed answers. Mufti Saheb told me that there is no conditional talaaq in Islam and you have to pay kaffara for this statement. At the same time he refers that even a direct divorce in extreme anger is not considered a divorce.

Bismillaah

A: This is a conditional talaaq. Hence, if the condition is found, the talaaq will take place.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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