A sister’s husband, who is an addict and has a very harsh temperament, often talks about leaving her. Yesterday, while he was at work, the sister went to her sister-in-law’s (husband’s younger brother’s wife) house for some work. When she returned, her husband was already home. He first abused her severely in the courtyard and then said, “You are divorced from my side.” He has given one divorce and then said, “If you ever step out of this house again, two more divorces will occur.”
In case of an emergency, God forbid, if the woman steps out, will the divorce take place? Religious guidance is required.
۔╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼╼
وَعَلَيــْـــــــكُم السَّــــــــلاَم وَرَحْمَــــــــــةُاللهِ وَبَرَكـَـــــــــاتُه
Sheikh Abdul Sattar Al-Hammad (may Allah preserve him) says that concerning the utterance of the words of divorce, there are two types:
✦ Talaq Sareeh (Explicit Divorce):
When clear and unequivocal words are used, it is called Talaq Sareeh. In this case, the person’s resolve and intention are considered, and he has knowingly and willingly used the word divorce. Even if he says this word in jest, the divorce still occurs. The person’s intention has no bearing here. However, if this word comes out of his mouth by mistake or unintentionally, then saying so does not constitute a divorce.
✦ Talaq Kinai (Implicit Divorce):
When the word divorce is not used explicitly, but rather hints and suggestions are used, such as “Perhaps you are free from my side,” “Our matter is settled, you should go to your parents’ house for good,” “I don’t want to keep you with me,” etc. When using such words, the person’s intention is examined. If the intention is divorce, then divorce will occur. Otherwise, it will not, because sometimes the aforementioned words are used as a threat. The Messenger of Allah (ﷺ) once divorced his wife “Ibnat al-Jawn” with the words, “Go to your family.” (Sahih al-Bukhari, al-Talaq: 5254)
However, the aforementioned words were said by Hazrat Ka’b ibn Malik (RA) to his wife, and his intention was not to divorce, hence it was not counted as a divorce. (Sahih al-Bukhari, al-Maghazi: 4418)
Similarly, concerning the execution of divorce, there are also two types:
⓵ Munjaz (Immediate): This refers to a divorce that becomes effective immediately, for example, if one says, “I divorce you.”
⓶ Mu’allaq (Conditional/Suspended): This is a divorce that is not immediately effective but is suspended upon the doing or not doing of a certain act. For example, if it is said, “If you step out of the house, you are divorced.” In this case, whenever the woman steps out of the house, she will be divorced. However, in this regard, it should be kept in mind what the extent of the restriction imposed by the husband on his wife is mentally. Ostensibly, it is not his purpose to impose this restriction on her for life, nor does saying so befit any wise person. If the restriction is violated after a mentally determined time, the divorce will be ineffective because the time for the restriction has passed. Similarly, in a conditional divorce, if the condition is nullified before its violation, then a divorce will not occur in the event of a violation, because the one who imposed the restriction has himself nullified it.
See: Fatawa Ashab al-Hadith / Volume: 2 / Page: 342
If the condition is met, one revocable divorce will occur. Similarly, if he swears by Allah and says to his wife, “If you do such-and-such act, you are divorced.” According to the majority of scholars, this type of divorce is also a form of conditional divorce. Therefore, if that act is performed, the wife will be divorced. However, Imam Ibn Taymiyyah (may Allah have mercy on him) has narrated the opinion of some of the Salaf (early scholars) that such a divorce will only occur if the husband genuinely intended divorce. He has declared this opinion as the more correct one and has also provided its proofs. He says that the husband’s intention in taking such an oath was to prevent his wife from doing that act; divorce was absolutely not the objective. In such a case, a divorce will not occur, but the expiation for the oath will be required (if the wife performs that act). Most scholars have accepted this opinion of Imam Ibn Taymiyyah (may Allah have mercy on him), and the law in several Islamic countries is also based on this opinion. This view is also in accordance with the famous hadith (إنماالأعمالبالنيات – Actions are but by intentions).
See: Fatawa Sirat-e-Mustaqeem / Issues of Nikah & Talaq / Page: 385
In Volume 1 of Fatawa Muhammadiyah, it is stated regarding conditional divorce that there are two types of conditional divorce:
Most scholars do not consider conditional divorce to be under the ruling of an oath in any situation; rather, they say that whenever the condition upon which the divorce was suspended is met, the divorce will occur, whether the purpose of the condition was an oath or merely a condition.
See: Fatawa Islamiyah / Volume: 3 / Page: 314
According to the above discussion, the issue in question is a matter of conditional divorce (Talaq Mu’allaq). If the man mentioned in the questioner’s query gave one divorce, then that one divorce has been executed. Furthermore, the man’s statement, “If you ever step out of this house again, two more divorces will occur,” if his intention with this condition was divorce, then this conditional divorce will execute the second divorce upon his wife stepping out of the house, and the man can revoke it during the Iddah (waiting period). And if the man’s intention was merely to scare or threaten and not to divorce, then it will be counted as an oath. In that case, if the wife steps out of the house, the husband will have to give the expiation for an oath.
A question came to the Fatwa Committee:
Question: I said to my wife that if you check my mobile phone, you are divorced. I feared that my wife would check my mobile phone. Please tell me what the solution is.
Answer: The committee replied:
A man’s saying to his wife, “If you check my mobile phone, you are divorced,” originally means that if the wife checks the mobile phone, one revocable divorce will occur, and he has the right to take her back during this divorce’s waiting period.
Based on this, the wife should refrain from checking the mobile phone so that divorce does not occur, and if she does check the mobile phone, one divorce will occur, and the husband can take the wife back during the waiting period.
And some scholars say that, regarding the main issue, if the husband intended to prevent his wife from checking the mobile phone and did not intend to divorce, then this will be under the ruling of an oath, and if she checks the mobile phone, the husband will have to pay the expiation for an oath, and divorce will not occur.
Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and a group of scholars have chosen this view, and this is the more correct one.
Every person knows his own intention very well, and Allah, the Sublime, is also aware of it. Therefore, it will not benefit him to deceive himself by claiming that he did not want to divorce when he intended divorce with his words.
In the aforementioned situation, the intention of the one who picked up the mobile was not divorce; therefore, according to the more correct opinion of Sheikh al-Islam, this divorce did not occur, and the marriage remains intact, although the one who picked up the mobile is certainly a sinner and must repent and seek forgiveness. However, according to the majority of scholars, this is one divorce that has occurred, and if revocation does not happen during the waiting period, the marriage must be renewed after the waiting period.
See: Fatwa Committee
ھذا, واللہ تعالى أعلم, وعلمہ أکمل وأتم ورد العلم إلیہ أسلم والشکر والدعاء لمن نبہ وأرشد وقوم , وصلى اللہ على نبینا محمد وآلہ وسلم
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