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FatwaNegeri SembilanMarriage & Family

Cerai taklik

Does a conditional divorce take effect if a wife recalls her past with another man after her husband said not to do it again?

Short answer

The husband's pronouncement in this situation is not considered a complete conditional divorce that depends on a condition set by the husband.

Negeri SembilanOpinion (irsyad)

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 husband's pronouncement in this situation is not considered a complete conditional divorce that depends on a condition set by the husband. A final ruling can only be obtained after the case is heard in the nearest Syariah Court to establish whether the husband truly meant it that way. The answer also notes that thoughts that come to mind are subjective and hard to avoid entirely.

Written in our own words from the original fatwa — check the source before acting on it.

Lafaz talak tersebut tidak dianggap sebagai cerai taklik yang lengkap yang bergantung kepada sayaarat yang ditetapkan oleh suami.

Excerpt from the original fatwa · Negeri Sembilan

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 taklik”, date not stated. https://muftins.gov.my/soaljawab/cerai-taklik/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/conditional-divorce-recalling-past-memories-wife/

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