Social Matters >> Talaq (Divorce)

Question # : 62485

India

I had been staying in Qatar with my family including 2 kids for 8 years. There was always dispute, fighting and abuse which started after 3 years of my marriage. I had been tolerating this situation for 10 years and my stamina become very week which resulted in a form of mental problem and even now I am under treatment. My wife also have mental problem and she is also under treatment in India.
I came India with my family and I was very sick and I was sure that if my wife will go to Qatar with me, it will be very disastrous for me. There was no way to stop her except conditional talaq which I applied saying to my wife that "Agar ab tum qatar jaogi to tumhara talaq ho jayega". Since then she has been staying in India for last 2 years and I am here in Qatar with my both kids as they are studying here. I was so depressed hence my intention was to stop her from going to Qatar forever. Could you please tell me in the light of Quran and Hadith whether I could bring her again to Qatar or not.

Answer : 62485

Published on: Dec 19, 2015

بسم الله الرحمن الرحيم


(Fatwa: 111/111/SD=03/1437)

In the question mentioned above, after you had uttered conditional words if your wife travels to Qatar she will be divorced with rajai talaq in which you will have the option to take her back within the iddah period:
قال المرغيناني: وإذا أضافه إلى الشرط وقع عقيب الشرط اتفاقاً .. (الفتاوى الهندية: 1/488، الفصل الثالث في تعليق الطلاق بكلمة إن وإذا وغيرها ، ط: مكتبة الاتحاد ، ديوبند، وكذا في الهداية: 2/385 ، باب الأيمان في الطلاق)

Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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