Is a woman permitted to follow Ibn Hazm's opinion regarding the issue of conditional divorce, especially since she did not previously follow dispensations and her husband refuses to hear other opinions? Is she permitted to act upon the fatwa of requiring witnesses for divorce after research and investigation? And why do we not adopt the قول (saying/view) of the Companions on this issue?
Conditional divorce, when intended as an actual divorce, takes effect when the condition it is tied to occurs. Some scholars have reported a consensus on this, including Ibn Hazm himself, even though he adopted a differing view elsewhere.
As for requiring witnesses for divorce, the majority of scholars hold that divorce is valid without witnesses. What was narrated from Imran ibn Husayn, may Allah be pleased with him, is not explicit in requiring it; rather, it has been used as evidence that it is not required.
Issues should be presented to the scholars of the country. It is known that there is no disagreement among the Ahl al-Sunnah regarding prioritizing the statements of the Companions over those who came after them. The sayings of the Four Imams are referred to due to their extensive knowledge of the Quran and Sunnah, the sayings of the Companions, their precise understanding, their mastery of the rules of inference, and their eagerness for the truth.
When there is disagreement among the Companions or a lack of clear evidence, the opinions of the Imams differ. Imam Ahmad prefers what is closer to the Quran and Sunnah from the sayings of the Companions, and if it is not clear, he recounts the differing opinions without asserting a definitive one.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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