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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

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Where this answer came from
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Ftawy
Original fatwa ID
7106
Imported
Translation status
Source text, unreviewed
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