FatwaPerlisMarriage & Family
Hukum Menarik Lafaz Talak Secara Taklik
Can a husband withdraw a conditional divorce pronouncement (talak taklik)?
Short answer
A conditional divorce pronounced with the intention of divorce for a matter that has already occurred cannot be withdrawn, because the divorce has already taken effect.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Perlis State Mufti Department
- Status
- Fatwa committee decision
- Series
- Himpunan Fatwa Negeri Perlis
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A conditional divorce pronounced with the intention of divorce for a matter that has already occurred cannot be withdrawn, because the divorce has already taken effect. If it was intended for a matter that has not yet occurred, it can be withdrawn, and the withdrawal must be communicated to the wife or a trusted party. The religious authorities are advised to impose a discretionary (takzir) penalty for misuse of Islamic legal provisions. This fatwa replaces the 2 December 1999 ruling that disallowed withdrawal.
Written in our own words from the original fatwa — check the source before acting on it.
Talak secara taklik dengan niat talak bagi perkara yang sudah terjadi tidak boleh ditarik balik kerana talaknya sudah berlaku.
Read the full fatwa on the Perlis website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Perlis State Mufti Department. “Hukum Menarik Lafaz Talak Secara Taklik”, date not stated. https://muftiperlis.gov.my/index.php/himpunan-fatwa-negeri/971-hukum-menarik-lafaz-talak-secara-taklik. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/withdrawing-conditional-divorce-pronouncement-ruling/