LessonsLegal Cause, Effective Cause and ConditionQuiz

وكذلك تعليق الحكم بالشرط كالطلاق والعتاق يسمى سبباً مجازاً.
Suspending a ruling on a condition, as in classical divorce or emancipation formulas, may also be described as a “cause” figuratively.

إن دخلت الدار فأنت طالق
“If you enter the house, you are divorced.”

In the doctrinal example, entering the house is not necessarily an independently operative legal cause. It is the condition upon which an already stated suspension depends. Once the condition is fulfilled, the particular legal consequences are considered under the governing rules.

Practical advice about such formulas requires careful examination of exact words, intention, circumstances and applicable jurisprudence; this lesson concerns their abstract classification.

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Conditional divorce: condition is not necessarily cause

Legal Cause, Effective Cause and Condition

وكذلك تعليق الحكم بالشرط كالطلاق والعتاق يسمى سبباً مجازاً.
Suspending a ruling on a condition, as in classical divorce or emancipation formulas, may also be described as a “cause” figuratively.

إن دخلت الدار فأنت طالق
“If you enter the house, you are divorced.”

In the doctrinal example, entering the house is not necessarily an independently operative legal cause. It is the condition upon which an already stated suspension depends. Once the condition is fulfilled, the particular legal consequences are considered under the governing rules.

Practical advice about such formulas requires careful examination of exact words, intention, circumstances and applicable jurisprudence; this lesson concerns their abstract classification.