Ta'liq (conditional linking of clauses)

التعليق

Ta'liq links the occurrence of one clause to the occurrence of another, and is called an oath by metaphor. It differs from idafa in carrying uncertainty, and from shart in placing its particle on the act itself. 1 2 The jurists list its particles (in, idha, mata, mata ma, man, ayy, mahma, kull and kullama, law, kayfa, haythu and ayna, anna), with the four schools differing on several. 3 4 5 6 7 8 9 10 11 12 Its conditions are that the condition be uncertain, that it be something that can be known, that no gap separate condition from consequence, that it refer to the future, that it not be meant as mere retort, and that a link appear. Ta'liq of divorce on God's will is void. 12 13 Hanafis and Malikis require only ownership in some form, while Shafiis and Hanbalis require that the one making the ta'liq have the power of immediate effect. 13 14 Hanafis hold that ta'liq prevents both the cause and the ruling from taking effect; Shafiis hold it prevents only the ruling. 14 15 Some acts accept ta'liq (the ila', the hajj, khul' from the husband's side, divorce, zihar, manumission, writing for manumission, vows and appointments to office), while others do not (hire, acknowledgement, faith, sale, return to the wife, marriage, endowment and agency), with a principle that pure transfer of ownership rejects it and pure release accepts it. 15 16 17 18 19 20

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Definition

Ta'liq is, in language, hanging one thing on another. In law it links the occurrence of one clause to the occurrence of another, and is called an oath by metaphor, since it contains a condition and its consequence and a sense of cause. 1 2

Distinctions

Idafa in the jurists' usage is attributing a ruling to a person or quality, or specifying it by time. Ta'liq differs from it in being an oath meant to move a person to act or refrain, and in having an uncertain condition, while idafa has no uncertainty. 1 A legal condition is one whose absence entails absence of the ruling; a condition the parties agree upon is what contracting parties stipulate. Ta'liq puts the particle on the act itself, while shart makes the act certain and adds another condition. Ta'liq and oath resemble each other in moving the self toward or away from an act. 1 2

Forms

Ta'liq may be made by any particle, or without one where the context shows the link. An example with a particle: if you enter the house, you are divorced; without one: the profit that returns to me this year is given to the poor. 2

The particles

The particles listed are in, idha, mata, mata ma, mahma, man, ayy and kullama, and others add law, kayfa, haythu, ayna and anna. 3

In

In is the basic conditional particle, since its only sense is condition and linking; it is used for what may or may not occur. Because it is a pure condition, a man who makes the divorce of his wife depend on his not divorcing her is not divorced until one of them dies; if the wife dies first, she is divorced in one of two accounts. For the Hanbalis in is delayed, while mata, man, kullama and ayy act at once. 3 4

Idha

Idha is sudden-occurrence when it takes a nominal clause and has the sense of now; otherwise it is a time adverb for the future with the sense of condition. For Abu Hanifa, when it is a condition, it loses its time sense and becomes like in; Abu Yusuf and Muhammad keep the time sense. The effect appears when a man says: idha lam uttalliqik, you are divorced; if he meant time it takes effect at once, if condition not until one dies, and without intention not until one dies on Abu Hanifa's view. 4 5

Mata

Mata is a noun for time, then given the sense of condition. It differs from idha in that idha is used for what must occur, while mata is used for what may or may not. It is used as a condition while keeping its time sense. 5 When the act is linked to a negation with mata, and a span of time passes in which the act could have happened without it happening, the divorce falls. 5

Mata ma, man, ma, mahma

Mata ma follows mata in rule and is stronger, since ma makes it a pure condition. Man and ma are nouns for rational and non-rational beings and take general form by their wording, and they replace in when generality is meant, as in: whoever comes, I honour him; whatever you do, I do. The ma that is verbal (masdariyya) in fiqh gives attribution, not linking: if he says you are divorced for as long as I do not divorce you and stays silent, the divorce falls by agreement. Mahma is for what is not rational and then takes the sense of condition. 6 7

Ayy

Ayy follows what it is attached to: for persons it acts like man, for things like ma, for time like mata, and for place like ayna. If it is used to negate an act, the divorce falls after a span in which the act was possible. Tabyin al-haqa'iq holds that ayy does not generalise by the generality of the attribute, so that whoever I marry is divorced applies to one woman only. 7

Kull and kullama

Kull is used for totality by context and sometimes for multitude, and it is always attached to a noun; kullama carries the generality of what it is attached to. 7

Kull and kullama (continued)

Kullama indicates repetition and immediacy, and is followed by the verb, not the noun: if one says, whenever I marry a woman she is divorced, and he marries her several times, she is divorced each time. Kull counts as a particle of ta'liq for the Hanafis and Malikis, and for the Shafiis when meant as ta'liq. 8 9

Law, kayfa

Law is a conditional for the future, not inflected; some jurists treat it as in, and it indicates limitation in the past. Lawla is for prevention and is not a particle of ta'liq. For Abu Hanifa kayfa affects only the manner of an act, not the act itself; for Abu Yusuf and Muhammad it affects both. The Hanbalis treat it like the others, so a divorce does not take effect until she says she has willed it. 9 10 11

Haythu, ayna, anna

Haythu is a noun for an unspecified place. For the Hanafis a ta'liq with it is limited to the session of address; for the Hanbalis it is not so limited. Ayna and anna are treated like in by some Hanbalis. 11 12

Conditions of ta'liq

The condition must be an unknown matter that could go either way; a ta'liq on a certainty is an immediate act, and on an impossibility is void. It must be something whose occurrence can be known; a divorce linked to God's will is not valid. There must be no gap between condition and consequence; the condition must concern the future, not the past, so an acknowledgement cannot be linked; it must not be meant as a retort, and if it is, the divorce takes effect, though a man who meant only ta'liq is believed before God. A link such as fa or the sudden idha must appear where the consequence is delayed. 12 13

Ownership at the time of ta'liq

The Hanafis and Malikis require only ownership in some form. The Shafiis and Hanbalis require that the one who links be able to act at once, on the rule: whoever can act immediately can link, and whoever cannot act immediately cannot link. The first camp argues that the act is an oath, that its effect comes at the condition, and that ownership is certain then. The second relies on the report that there is no vow, no manumission and no divorce about what a son of Adam does not own, and on the report that there is no divorce except after marriage. 13 14

The effect on cause and ruling

The Hanafis hold that ta'liq blocks the cause from being a cause as well as the ruling from taking effect, so a divorce or manumission linked to ownership is valid and takes effect when ownership comes. The Shafiis hold that ta'liq does not block the cause but only the ruling, so it is void when the object is not owned. 14 15

Acts that accept ta'liq

The ila' accepts a condition, so the man becomes one who swears off intercourse when the condition occurs. Hajj may be linked and may take a condition. Khul' from the husband's side accepts ta'liq for the Hanafis, Malikis and Shafiis; from the wife's side the Hanafis and Shafiis do not accept it, since it is an exchange, and the Hanbalis do not accept it at all. Divorce accepts ta'liq by agreement. Zihar may be linked by agreement. Manumission may be linked to a condition or a description, with details. Writing for manumission may be linked. A vow may be linked, and its fulfilment is not due before the condition occurs. Command, judgeship and guardianship in general accept ta'liq; the Hanafis, Shafiis and Hanbalis allow a guardianship appointment linked to death; the Malikis do not state it. 15 16 17 18

Acts that refuse ta'liq

Hire, acknowledgement, faith in God, sale, return to a wife, marriage, endowment and agency in general refuse ta'liq, since they transfer ownership or report facts or do not admit certainty. Some detail in endowment and agency is disputed. The governing principle is that pure transfer rejects ta'liq, pure release accepts it, and between them lie acts such as rescission, release of a debt and endowment, on which the schools differ. 15 16 17 18 19 20

People and things also explored

Allusion to a proposal during the waiting period· Awl (proportional reduction of shares in inheritance)· Breastfeeding and weaning· Divorce before consummation· Hadiyya (gift)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)· Iddah (waiting period)· Maintenance of the divorced nursing mother and infant

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5463
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  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5472
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5473
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  15. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5477
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Cite this page

islam.museum contributors. “Ta'liq (conditional linking of clauses)”. islam.museum, https://islam.museum/en/concept/tacliq-conditional-clauses/. CC BY-SA 4.0. Last updated 2026-10-23.

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Allusion to a proposal during the waiting period

In his commentary on verse 235, Sha'rawi holds that allusion to a proposal to a woman in her waiting period is allowed, while open declaration and a secret promise are forbidden, and that the firm resolve to marry may not be made until the waiting period ends. He reads the contract as passing through three stages: allusion, resolve, and the contract.