Does a divorce take effect when a husband tells his wife, "You are divorced," if you leave, and then she leaves, even though she was in an emotional state and he said it as a threat and intimidation? And what is incumbent upon him as a result of that? And is she considered disobedient (nashiz)? And is he entitled to seek her through the court?
If a wife's disobedience (nushuz) is established by her leaving the house without her husband's permission and her refusal to obey him in what is good and reasonable, then Islamic law has clarified how to deal with a disobedient wife, and it is obligatory for the wife to return to the marital home. If the husband says to his wife, "If you leave, you are divorced," and then she leaves, a divorce occurs according to the majority of jurists, even if he intended it as a threat. This is the fatwa (ruling) on which reliance is placed. Anger does not prevent the occurrence of divorce unless the husband reaches a state where he does not comprehend what he is saying. Both spouses should beware of Satan corrupting their relationship and scattering their family.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/143425
- Source platform
- Ftawy
- Original fatwa ID
- 143425
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy