What is the opinion that should be adopted regarding the ruling on a conditional divorce (talaq mu'allaq) that is not recognized in Moroccan Sharia courts, based on the view of Ibn Hazm, knowing that the prevalent fatwa is that it takes effect if divorce was intended, and does not take effect if prevention was intended?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Scholars have differed on the issue of conditional divorce, holding three opinions, and the is based on the opinion of the majority. An ordinary person's (school of thought) is that of the one who gives him the fatwa, so he must act upon that fatwa without seeking out blameworthy concessions. Referring the matter to a judge is more appropriate, as his ruling is binding and resolves the dispute.
Summarized from the full answer at Ftawy · imported
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