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Will The Legal Ruling Be Any Different When Jane Says To Her

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1.1 Peter who is married to Jane says to her: If you come out of the house I will divorce you. Jane comes out of the house to go fetch the kids from school. Legally speaking, is the divorce valid? The divorce is valid because the husband may put a condition for divorce and once the condition is fulfilled, the divorce will be pronounced. In this case, Peter tells his wife, Jane, that he will divorce her if she goes out of the house. He does not state any exceptions to his statement. Therefore, once she steps out of the house, regardless as to what the reason was, the divorce will be valid.

1.2 Will the ruling be any different if Jane did not come out of the house? Yes, the ruling would have been different if Jane did not come out of the …show more content…

Seeing as the condition stated by Peter for the divorce to be valid is that she goes out of the house, the legal ruling will be the same if she goes out just to just with her friends – the divorce will still be valid.
1.4 Peter says after that, “I take back what I said earlier on”. If Jane decides to go out regardless of the purpose, will the ruling be different with what you said in question 1.1? No, it will be as stated in 1.1 because a divorce once stated will be fulfilled but due to the rulings of “raj’ah” (taking ones wife back), he may take her back, in such a situation, after the divorce has been made valid.
1.5 If Jane before coming out of the house says to Peter: “Divorce me now or else I will go out of the house” and Peter says: “I divorce you” is this khul' or talaq? The above is khula’ because Jane, the wife, asked for the divorce and her husband, Peter, granted …show more content…

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