What is the ruling regarding the occurrence of divorce oaths in the following cases: 1. "Divorce upon me if you speak ill or well of my mother (with the intention of backbiting)"? 2. "Divorce upon me if you speak to so-and-so woman" due to the husband's belief in her bad character? 3. "I swear by triple divorce that you shall not go to your parents' house" (with the intention, held in his heart, that this applies "as long as I am alive, this night, and as I please")? And what is the ruling regarding its occurrence if it was with the intention of frightening and intimidating? And what is the evidence from the Quran and Sunnah in each case?
The summary of the fatwa is that a conditional divorce takes effect if the condition is met. The fatwa provided several examples of conditional divorce: the first is conditioned on the wife relaying words from the husband's mother, provided the words constitute backbiting; the second is conditioned on the wife speaking with a specific person; and the third is conditioned on her going to her parents' house. The fatwa clarified that the proof for the occurrence of conditional divorce is the general evidence that establishes divorce as being in the husband's hand, and that he has the right to effect it immediately or to make it conditional. The questioner was advised not to swear by divorce or make it conditional, and to consult the Sharia court in his country.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88162
- Source platform
- Ftawy
- Original fatwa ID
- 88162
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy