Is he sinful who adopts the view of Sheikh Ahmad Muhammad Shakir concerning the non-occurrence of contingent divorce, and is there any legitimate proof from the Qur'an or Sunnah that establishes this type of divorce upon which scholars have reached a consensus?
Scholars differ concerning conditional divorce. The majority of jurists hold that it takes effect if the intention was to enact the divorce, and a consensus (ijma') on this has been reported. However, if the intention was not to enact divorce but rather to threaten, prevent, or encourage, the majority of jurists also hold that it takes effect. This is contrary to Shaykh al-Islam Ibn Taymiyyah, who holds that it does not take effect in this situation and that it can be absolved by an expiation for an oath (kaffarat ). The we follow is based on the opinion of the majority.
A mujtahid (one capable of independent juristic reasoning) or one capable of critical evaluation should act upon what he deems preponderant based on the evidence. As for the common person, it is permissible for him to follow a specific or to ask someone he trusts regarding their knowledge.
It is not permissible to follow someone who states that conditional divorce never takes effect, as there is a consensus to the contrary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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