Saturday | 18 September 2021 | 11 Safar 1443
Gold NisabSilver NisabMahr Fatimi
$4932.56$440.21$1100.53

Fatwa Answer

Question ID: 1241 Category: Marriage and Divorce
Validity of conditional divorce

 AOA,

In past year Over the year I have explicitly divorced my wife two times. But then reconciled. This third time while she was on phone with her mother. They threatened to discuss our marital issues at workplace. So I said that if our domestic issues will be discussed with outside world then before assume our relationship is ended. My intention was I will give her divorce as soon as she tells other as I didn’t know if divorce takes place if that action happened. After an hour I explained her that I meant there will be consequences if you discuss it outside but she told now you can’t take back the condition. So I said I am fine with it even it take place right away( thought that is the only option)

Now by other I meant people who are not family members, court or someone who will resolve our issue.

Later she did tell her friend some small Negative stuff about our household with no intention of disobeying. Also, I didn’t mean telling regular stuff will fulfill the condition. I meant the stuff that portrays our marriage is broken.

Now we want to be sure if divorce is valid. Also in future do we need to be careful about this conditional divorce.

I will really appreciate if you can answer it in light of Quran and Sunnah. As, I have searched the whole internet and there are no scholars available where I live.

JazakAllah!

بسم اللہ الرحمن الرحیم

الجواب ومنہ الصواب

The words: "Consider the end of the marital relationship”, are not clearly written in the chapter on divorce; that is why the ruling regarding divorce will depend entirely on your intention. Since you did not intend to divorce your wife and your question also does not indicate divorce, but more of a kind of threat, therefore it will not lead to divorce, and your relationship is still intact.

However, it is the responsibility of both of you to avoid the words of divorce or to negotiate divorce or to bring it into your mutual conversations, rather it is eminently sensible to resolve your mutual grievances through reconciliation and forgiveness. 

However, if you proclaim one more divorce, then your wife will become haraam for you forever, so you are advised to be vigilant and cautious in future.

ولو قال ․․․․․․․․ لم یبق بینی و بینک عمل ونوی یقع کذا فی العتابیۃ و فی الھندیۃ ایضا قال لم یبق بین وبینک نکاح  یقع الطلاق اذانوی ھکذا فی ھامش فتاویٰ عثمان ، ۲/ ۳۷۰، وفی احسن الفتاوی وفی المحیط لو قال بالعربیۃ أطلق لایکون طلاق الا اذا غلب استعمالہ للحال  فیکون طلاقاً  فتاویٰ عالمگیری : ۱ / ۳۸۴)

فقط واللہ اعلم بالصواب

Question ID: 1241 Category: Marriage and Divorce