What are the three opinions regarding conditional divorce, along with their evidence from the Qur'an and Sunnah?
There are three scholarly opinions regarding contingent (ta'liq) divorce:
1. The view of the majority of scholars (): Contingent divorce takes effect upon the fulfillment of the condition, regardless of whether the oath-taker intended an oath or a threat. 2. The view of Shaykh al-Islam Ibn Taymiyyah: The intention of the oath-taker is considered. If he intended to effect the divorce upon the condition, it takes effect. If he merely intended an oath and did not intend the divorce, then it does not take effect. 3. The view of the Zahiris: Contingent divorce does not take effect because no legal text has been narrated stating its occurrence in this form, and because tying it to a time makes it a void condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 113445
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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