Ta'lik has the meaning of a conditional marriage stipulation. The condition stipulated in the Marriage Certificate, which a husband cites in the presence of a Kadi upon contracting a marriage, provides an instance of ta'lik divorce if the condition is breached.

A ta'lik divorce can be determined only by a Judge. The situation comes about when a wife seeks a divorce before a Judge and the husband refuses to grant her a divorce. In such a situation, the wife must show the Court that her husband has breached the ta'lik cited by him at the time of marriage.

If, upon hearing the arguments put forward to the Court by the wife, the Judge finds that the husband has breached the ta'lik, he shall be justified to separate the two and to rule that they are divorced.

Another situation under which a ta'lik divorce can occur is when a husband utters, for instance, the following words before his wife,

"If you leave this house, you are divorced by one talak".

In such a situation, if the wife insists on leaving the house despite the fact that she fully understands her husband's words, then she will be divorced. However, if the husband qualifies his statement with, for example, the word "today", and the wife leaves the house only on the following day or on the day thereafter, then there shall be no talak. In any case, couples who find themselves in such a situation are advised to seek confirmation of their status from the Syariah Court.