Fatwa #50224 March 2002United Kingdom
Dear Mufti Conditional divorce how can it be nullified.
Question
Dear Mufti In a fit of anger while arguing with his wife, my friend who lives in UK, told his wife 'when we go back and reach India, consider yourself divorced'. They have since made up but wants to know what the situation regarding their marriage would be if they returned to India. Is this considered as one talaq? Is there a compensation for this vow to annul the statement? Do let us know so we can help this unfortunate family. Assalamu alaikum
Answer
This is a conditional Talaaq, hence, if they do go to India together, one
Talaaq-e-Baain will come about. If they wish to reconcile after this Talaaq,
a renewal of the Nikah is required.
In order to avoid this Talaaq, we suggest that if they do wish to go to
India, they should travel separately. He should go alone and she should go
in the company of one of her Mahrams. Once they are both in India, they can
get together. In this case, Talaaq will not come about as the condition of
Talaaq 'when we go back' is not found.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Moulana Imraan Vawda
Talaaq-e-Baain will come about. If they wish to reconcile after this Talaaq,
a renewal of the Nikah is required.
In order to avoid this Talaaq, we suggest that if they do wish to go to
India, they should travel separately. He should go alone and she should go
in the company of one of her Mahrams. Once they are both in India, they can
get together. In this case, Talaaq will not come about as the condition of
Talaaq 'when we go back' is not found.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED AND APPROVED: Moulana Imraan Vawda