How can one differentiate between conditional divorce (talaq mu'allaq) and a threat of divorce (wa'id bi-talaq) in the Indonesian language, considering that the present tense, the verbal noun, and the word "taliq" are considered equivalent therein, and is it permissible to apply Arabic grammatical rules in this matter?
The present tense verb used in divorce, such as "I divorce you" (أطلقك), is not explicit because it could be a threat or an immediate pronouncement. However, if the husband intends it as an immediate pronouncement of divorce, then it takes effect. If, on the other hand, divorce is made conditional using a present tense verb, such as saying "If you enter the house, you are divorced" (إن دخلت الدار تطلقين), then this is a valid condition, and the divorce takes effect upon the fulfillment of the condition. The distinction between a conditional divorce and a mere threat lies in the intention. The former is the pronouncement of divorce upon the occurrence of the stipulated action, while the latter is a promise that may or may not be fulfilled. The husband should be asked about his intention, and the matter should be presented to the scholars of the locality to understand the linguistic custom.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7106
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7106
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy