Does a divorce occur if the maternal uncle swears by divorce that he will not come, and then he comes?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
This is a conditional divorce. If the condition sworn to by the maternal uncle is met, the divorce takes effect according to the majority of scholars, even if he did not intend divorce. However, Ibn Taymiyyah held that the divorce does not take effect if the husband did not intend it, and he is obligated to offer an expiation for breaking an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/139402
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 139402
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy