Husband saying "I will divorce you" if you do a certain action
Question
If a husband says to his wife while disciplining her over a shar'ee masla that if she does not obey he will divorce her and she becomes quiet after that, does that constitute divorce? If she later on does that action does that constitute divorce? The husband meant that as a threat and not as an oath.
Answer
This does not constitute a divorce.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/11129
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-11129
People also ask
Is a conditional talaaq ('if you do this you are divorced') valid?
“A.The statement, “if you call, message or contact him (ex-husband) through social media, you are divorced” of a husband to his wife constitutes a conditional divorce (At-Talaaqul Muallaq).”
Jamiat KZN · 70 fatawa from 5 Darul Iftas on this
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