Fatwa's Insights - Kinship
Ruling On Divorce Due To The Wife Doing Matters Disliked By The Husband
THE 54TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021
8 - 9 SEPTEMBER 2021 / 1 - 2 SAFAR 1443H
RULING ON DIVORCE DUE TO THE WIFE DOING MATTERS DISLIKED BY THE HUSBAND
1. If a husband divorces his wife through ta'liq (conditional divorce) with the intention of effecting divorce and that circumstance occurs, then the divorce is executed according to the sequential number of divorces he has previously pronounced.
2. If a husband divorces his wife through ta'liq without the intention of effecting divorce but merely to threaten or to express hatred towards the matter conditionally stated, then the divorce is not executed. This is because actions are based upon intentions.
3. Scholars who hold this opinion consider it as part of an oath, whereby the one who made it must fulfill the expiation for an oath by means of feeding or clothing ten poor persons or freeing a slave. If he is unable, he must fast for three days. This is based upon verse 2 of Surah al-Tahrim.
4. If a husband has divorced his wife by associating it with a past matter and he knows that it has occurred, then the divorce is deemed to be executed immediately. This is because ta'liq regarding on past events implies intent to divorce, not to threaten or express hatred.
5. If a husband divorces his wife by linking it to something he suspects has not yet occurred, but it turns out that the matter has already taken place, then the talaq does not take effect if the husband's intention was not divorce but rather to threaten or intimidate his wife from committing that act. This is because the basis of a person's statement is judged by its apparent meaning. A threat does not apply apparently except to matters anticipated in the future.
6. Divorce is a provision granted by the Shariah for the purpose of the spousal welfare. A Muslim must not trivialize the provision granted by the Shariah for the purpose of welfare in familial relationships.
Approval of the Members of the Perlis State Fatwa Committee:
1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis
2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman
3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat
4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle
6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman
7. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan
8. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin
9. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah
10. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar
11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin
12. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary
Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2021 on 14 September 2021.