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Talaaq query: conditional rujoo’

Fatwaa ID: 1661

Question:
Asalamualaikum, Kindly guide me as per Islamic pricipal on below 1) I have given Talaq ahsan and done Ruju on condition that she will fulfill all her obligation and duties and she took oath on Qur’an., However after one month without my knowledge and without informing me she left to her mother house.my question is as she has broken the condition for Ruju does she is still my wife or can this be considered as Khula as she knowingly violate the condition. 2) my wife is leaving away from me from pas 6 months, If I pronounce talaq without her knowledge as she might file false dowry cases against me, is the talaq valid. 3) do I have to pay maintenance to her during this iddat period as she left me without my permission or knowledge. Jazakallah

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala place unity and love in your marriage.

  1. Violating the terms agreed on at the time of rujoo’ will not automatically result in a talaaq unless that was expressly stated, i.e., “if you violate these conditions then talaaq will take place”. If this was not the case, then the nikaah will remain valid. She will have to give kaffaarah for violating her oath.
  2. For the validity of talaaq, it is not necessary for her to be present or hear you. As soon as you say the talaaq intending or referring to her, it will take place. However, it is necessary upon you to inform her thereafter so that she starts observing her ‘iddah.
  3. If she is observing her ‘iddah with you in your marital home or she is observing it elsewhere for whatever reason but with your permission, then you are responsible to provide for her during that period. However, if she is spending it elsewhere defiantly or without your permission, then you do not have to provide for her during that period.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

02/02/1445 AH – 08/19/2023 CE | 570

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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