Not knowing the ruling of conditional divorce

12-9-2006 | IslamWeb

Question:

As per fatwa 92374 , you have said that one cannot invalidate the oath and condition but if i did not know about that then shariat must not be that inflexible where a couple might lose each other in ignorance . please furnish detailes from Quran and Sunnah as to how one cannot take back the condition before it happens . Secondly Shariat court in pakistan is not trust worthy please give your fatwa and do consider it acutely , i dont mean that i should be favoured but if their is any hope of ray then do narrate. just to give you complete back ground , our first divorce happened with proper uterance of divorce word second time it was this conditional which i thought i can take back my condition but mufti in pakistan told that divorce has occured and third time i again gave divorce in menses . Now please tell with full explanation on the conditional divorce , whether it has taken place are three divorces complete or still there is ray of hope i would be happy if out of four imams any one consider the taking back of condition with oath to be valid otherwise Ahle Hadith say that one can take back the oath but my heart is not satisfied on that please issue detailed fatwa wether negative or positive for me , as i dont want to live in guilt Jazakallah

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

We have already mentioned in Fatwa 92374 which you referred to in your question the view of the scholars on a conditional divorce, so there is no need to repeat that again as the issue is discussed in details.

Not knowing the ruling of this divorce does not mean anything, and a Muslim should learn the religious ruling in regard to any act which he wishes to do. Allaah Says (what means): {…so ask the people of the message if you do not know.} [Quran 16:43]. The Prophet said: "Seeking knowledge is obligatory upon every Muslim (male or female)." [Ibn Maajah]

Allaah Knows best.