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TALAQ ON CONDITION

Answered according to Hanafi Fiqh by Muftisays.com
asalamalaikum brother,I would like to ask you regarding divorce.
If a man says to his wife ‘do not do a certain act or I have divorced you Three times.[if you do the act]’.Then later he says I didnt mean it ,its ok now if you do the act.So his wife does the act thinking its ok .Is she divorced or not and if so is she divorced three times ?
I would like to add that the man does not follow any mazhab in particular and says the divorce is not valid,according to his beliefs.I will be grateful for your help.jazakAllah

Answer
Bismillah

Al Jawaab Billahit-Tawfeeq (the answer with Allah’s guidance)

Three Talaq will take place if the act is done.

There is no way of having words of divorce revoked in the Shari’ah. However, in regards to a conditional Talaq, if the husband wants to retract from the condition he made. The Shari’ leeway would be for the husband to give one irrevocable Talaq before she does the act, then let her pass her Iddah and even if she does the act Talaq will not take place, because the conditional Talaq (Taleeq Talaq) has now become ineffective, as they are not married.

Therefore, there will be no problem even if he was to marry her again.

( Imdadul Fataawa Vol.1 Pg.411, Imdadul Ahkam Vol.4 Pg.125)

And Only Allah Ta’ala Knows Best.

————————————–
Moulana Qamruz Zaman
London, UK

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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