Talaaq attached to a condition

May 30, 2022 | Talaaq (Divorce)

Question:-

I would like to know if these types of conditions are permissible in Nikah, as in our country, Singapore, these conditions are placed by the government to protect women. (AMLA LAW)

The set of standard Ta’leeq covers three distinct situations where you may be divorced by one Talaaq if your husband breaches any one of them:

  1. If your husband leaves you for 4 months or more (whether intentionally or unintentionally);

  2. If your husband failed to maintain you for 4 months or more, whereas you were obedient to him; or

  3. On every occasion that your husband caused any injury to your body or damage to your property, or caused you to lose your self-respect, and you (the wife) complains to the Shariah Court and if your complaint is proved, then you are divorced by one Talaaq.

Answer:-

We understand from your query that when a man gets married in Singapore, then he willingly agrees to the following conditions at the time of Nikah:

  1. If he leaves his wife for a period of 4 months or more, then she will be divorced irrespective of whether he does so willingly or unwillingly

  1. If he fails to maintain his wife for a period of four months or more, whereas she was obedient to her husband, then she will be divorced.

  1. If he causes any bodily injury to his wife or damages her property, or is the means of her losing her respect and honour, and she (his wife) complains to the Shariah court and her complaint is proven to be correct, then she will be divorced.

In all the above three cases, his wife will be divorced if he fails to fulfill the stipulated agreement. There is no harm in attaching such conditions as long as the husband willingly agrees to abide to the conditions, and accepts that by breaching any of them, Talaaq will be effective.

وان اضافه أي الطلاق (إلى) وجود (شرط وقع عقيب) وجود (الشرط) وذلك (مثل أن يقول لامرأته: إن دخلت الدار فأنت طالق) ، وهذا بالاتفاق، لأن الملك قائم في الحال، والظاهر بقاؤه إلى وقت الشرط، ويصير عند وجود الشرط كالمتكلم بالطلاق في ذلك الوقت. (اللباب في شرح الكتاب – كتاب الطلاق)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 28 Shawwal 1443 / 30 May 2022

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