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The question

What is the Sharia ruling in the case where the wife does not remember whether the husband made the divorce conditional or not? And what is the Sharia ruling if the wife does not remember the wording of the conditional divorce, is it conditional upon the past or upon the future?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The preservation of the marital bond ( عصمة الزوجية ) is the established certainty that is not removed by doubt. The jurisprudential rule states: "Certainty is not removed by doubt." Among the branches of this rule is that the default is non-existence. So, if a husband doubts whether he made a divorce contingent upon something and does not recall it, the default is that he did not make it contingent. If he made the divorce contingent on a past event, it takes effect immediately. However, if he made it contingent on a future event, its occurrence depends on the fulfillment of the condition upon which it was made contingent.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
153209
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy