What is the ruling on a woman whose husband swore a solemn oath of triple divorce that she should not leave his family's home, but she was compelled to leave due to harassment from his family and its effect on her baby's breastfeeding? And does the divorce occur if the husband is unable to return her during the waiting period?
The of the majority of scholars is that a conditional divorce takes effect the moment the condition is met. And since the divorce here is thrice, the wife has become irrevocably divorced and is not permissible for him [to remarry] until after she marries another husband.
Some scholars, such as Ibn Taymiyyah, held the view that a conditional divorce does not take effect if the husband intended merely to prevent [an action] or to threaten, but rather he is obliged to pay the expiation for an oath. Based on this view, the divorce is not valid if the husband intended to prevent his wife from going out and did not intend the divorce to occur.
It is advisable to refer to courts to rule on such matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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