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The question

Does divorce occur if the husband stipulated to his wife that she not see her family except with his permission, and then her father came to her without her knowledge or her husband’s permission, whereupon he divorced her based on that?

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

The husband should not have divorced his wife for this reason, as divorce is reprehensible unless there is a need for it, and some scholars have even deemed it forbidden. If the husband divorces his wife, the divorce takes effect in all cases. It is unclear whether the husband initiated another divorce besides the conditional divorce, and it is best for the husband to directly ask a scholar about this. The majority of scholars hold that a conditional divorce takes effect if the condition it was tied to occurs, and this is the we follow, contrary to Ibn Taymiyyah, who believes it does not take effect if the husband intended it as a threat or similar, and that he would then be liable for an expiation for breaking an oath. We advise reconciliation and return to the marriage, provided a major separation (baynunah kubra) has not occurred, and to use wisdom and gentleness in resolving marital problems.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
194812
Imported
Translation status
Source text, unreviewed
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