How sound is the fatwa that a conditional divorce never takes effect?
Conditional divorce is of two types: The first is that which is conditioned upon a future time, a characteristic, or a pure condition not intended for urging or dissuading. This type is unanimously agreed upon to occur when the condition is met. Ibn Hazm himself narrated the consensus on its occurrence. The second type is that which is conditioned upon a condition intended for urging or dissuading. This type falls under the ruling of an oath and there is disagreement regarding it. Therefore, it is not correct to say that conditional divorce never occurs.
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