What is the ruling on a wife resorting to the opinion of someone who does not validate a contingent divorce if the husband's intention was to threaten, and sufficing with that after asking numerous shaykhs without remembering the first among them to issue the fatwa, and being told that she erred in moving between the shaykhs? And is it permissible for her to issue a fatwa for herself regarding contingent divorce due to the abundance of her husband's oaths?
A Muslim must control their tongue when it comes to divorce, due to the discord and fragmentation of families that can result from it. A Muslim is obligated to seek a from someone whose religious devotion and knowledge they trust, and they should not seek out concessions. It is not forbidden for them to ask others if their heart is not at ease, or if they have an understanding of scholarly matters. A contingent divorce, if divorce was intended by it, takes effect. If what was intended by it was encouragement or prevention, then it requires an expiation for breaking an oath. Divorce does not take effect during a period of purity in which the husband had intercourse with her, nor during her menstrual period. Divorce uttered by the husband unintentionally does not take effect. Whatever the husband was advised in a fatwa, that the divorce did not take effect, then it is so. The determining factor is what the husband believes or the fatwa of someone whose knowledge and religious devotion they trust.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 9046
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy