In Conditional Divorce, May The Person Who Set A Condition For Getting Divorced Revoke His Condition Before It Occurs?

In conditional divorce, may the person who set a condition for getting divorced revoke his condition before it occurs?

In addition to the fact that the husband’s statement revealing his will of divorce may be unconditional, it may be linked to a condition (taliq condition) or a period as well. One may not break the oath for divorce until such condition for divorce occurs (Kasani, Bada’i, III, 139; Zaylai, Tabyin, II, 226). In the event that a condition is laid for divorce, provisions of divorce arise whenever this condition if fulfilled. Until this condition is fulfilled, marriage continues with all its consequences. However, if divorce occurs in another way before the condition laid for divorce is fulfilled and that condition is fulfilled after end of iddah period, that condition does not have any effect anymore.

It is also known that conditional talaq is used instead of oath to strengthen the meaning of the word. In this case, according to the majority of the faqihs, this is also a valid conditional talaq; when the condition is fulfilled, divorce becomes realized. However, according to some scholars such as Ikrimah, Surayh, Ibn Taymiyyah, and Ibn al-Qayyim along with companions such as Aisha (ra) and Ali (ra), if such oath of the husband is not intended for divorce but to prevent himself or his wife from doing something or to encourage himself or his wife for doing something, then it is not considered as a conditional talaq. Therefore, divorce does not take effect even though the condition is fulfilled. What one must do in such a case is to pay an atonement for breaking his oath (Ibn Qayyim, I’lam, V, 518-525; al-Sayis and M. Shaltout, Muqaranah al-Madhahib fi’l Fiqh, p. 108). The High Board of Religious Affairs of Türkiye also adopts this opinion.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA