Back to search
The question

Does the husband's statement to his wife, "I do not accept your leaving the house," constitute a conditional divorce, and what is the evidence for that, especially with the differing opinions of scholars regarding the condition of intention and the explicit or implicit mention of the word "divorce"?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce is of two types: explicit, which occurs without intention; and allusive, which occurs with the intention of divorce. As for words that do not imply divorce, such as a husband saying: "I do not permit you to leave the house," this is not an allusion, and divorce does not occur by it according to the majority of scholars, because the wording does not imply divorce. If it were to occur, it would occur merely by intention, but divorce does not occur merely by intention. This is in contrast to the Maliki school, which considers it a subtle allusion and rules that divorce occurs by it with intention. Therefore, divorce did not occur with the mentioned phrase.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
7480
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy