Does the divorce uttered by the husband take effect if the wife gives birth in Dubai, even though her health condition does not allow her to travel, and what is the ruling concerning the husband in this matter?
The majority of scholars hold that a conditional divorce takes effect if the condition is met, whether the husband intended divorce, threat, or prevention. They also hold that a divorce pronounced as "thrice" counts as three divorces, and this is the prevalent fatwa. This is contrary to Shaykh al-Islam Ibn Taymiyyah, who is of the opinion that a conditional divorce does not take effect if the intention was threat, emphasis, or prevention, and that a divorce pronounced as "thrice" counts as one.
Accordingly, based on the prevalent fatwa, three divorces would take place if you give birth in Dubai. However, according to Shaykh al-Islam Ibn Taymiyyah's view, if the husband did not intend to make the divorce conditional but rather to prevent you, then no divorce takes place, and the husband must offer expiation for breaking an oath (kaffarat yamin). If he did intend to make the divorce conditional, he has the option to retract it. If he does not retract it and the birth occurs, then one divorce takes place.
The husband is advised not to threaten divorce, as the marital relationship should be based on mercy and understanding.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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