Darul Ifta Ibn Masood

Attaching a conditional divorce at the time of marriage

· 3 Ramadan 1445 AH1 min readEnglish

Question

Is a girl permitted to make a condition that her husband will not be allowed to a second wife? Can the husband take a second wife if he does agree to the condition? Should this be clarified during the pre-marital discussions?

Answer

Yes, the bride may attach such a condition at the time of Nikah. She may state that if her husband remarries then she is divorced, so this will be a conditional Talaaq if he agrees to it. If he remarries then his first wife will be divorced.

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/attaching-a-conditional-divorce-at-the-time-of-marriage/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-30716

People also ask

Is a conditional talaaq ('if you do this you are divorced') valid?

“A.The statement, “if you call, message or contact him (ex-husband) through social media, you are divorced” of a husband to his wife constitutes a conditional divorce (At-Talaaqul Muallaq).”

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