How do innovative divorce (talaq bid‘i) and conditional divorce (talaq mu‘allaq) occur, despite the lack of clear and explicit evidence for their occurrence, and their contradiction to the saying of the Messenger of Allah (peace and blessings of Allah be upon him), just as it has been authentically narrated from Ali ibn Abi Talib and the Household of the Prophet (Ahl al-Bayt) that divorce does not occur except with the formula: “You are divorced” and with witnesses to it?

Contingent divorce, which is intended to take effect upon the fulfillment of a condition, is an enforceable divorce according to the consensus of scholars, and there is a reported consensus on its occurrence. There is nothing to suggest a differing opinion from Imam Ali or other Companions and Tabi'in on this matter. As for contingent divorce and swearing by divorce where the intention is not to effect a divorce, but rather to urge or prohibit something, the majority of scholars hold that it occurs. However, some scholars (such as Sheikh al-Islam Ibn Taymiyyah) believe that it does not constitute a divorce, but rather an oath whose expiation is the expiation of an oath. The preponderant opinion is that of the majority.

Witnessing a divorce is not a condition according to the majority of scholars, and this is the preponderant opinion.

Innovative divorce (Talaq Bid'i), such as divorcing during menstruation or during a period of purity in which intercourse occurred, is considered valid by the majority of scholars, contrary to Sheikh al-Islam Ibn Taymiyyah and those who agreed with him. The fatwa issued follows the opinion of the majority due to the strength of their evidence. They cite the hadith of Ibn Umar when he divorced his wife while she was menstruating, and the Prophet (peace be upon him) commanded him to take her back, and it was counted as one divorce. This indicates the occurrence of innovative divorce. Furthermore, it is a divorce issued by a legally competent person regarding a valid subject of divorce, and thus it occurs, as a deterrent and punishment for him.