FatwaNegeri SembilanMarriage & Family
Cerai ta’lik
Does a triple divorce take effect if a husband pronounces a conditional divorce 'if you leave the house tonight' but the wife does not leave that night?
Short answer
The divorce takes effect only if the wife leaves the house on the night specified in the pronouncement, after understanding her husband's words.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The divorce takes effect only if the wife leaves the house on the night specified in the pronouncement, after understanding her husband's words. Since the wording included 'tonight' and she did not leave that night, leaving the next day, the day after or later does not cause the divorce to occur. The couple is advised to lodge a complaint with the Syariah Court to obtain confirmation.
Written in our own words from the original fatwa — check the source before acting on it.
Jika isteri tetap keluar dari rumah pada malam tersebut setelah memahami ucapan yang dibuat oleh suaminya maka jatuhlah talak ke atasnya.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Cerai ta’lik”, date not stated. https://muftins.gov.my/soaljawab/cerai-talik/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/conditional-divorce-leaving-house-tonight/