Back to search
The question

Does a triple divorce befall the wife if her daughter marries a man whose father swore by divorce that she would not marry him?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A guardian should not refuse a suitor except for a legitimate Shar'i reason. The girl should try to convince her guardian. If he insists on refusing and abuses her (prevents her from marrying), she should refer her case to the Shar'i court. The words spoken by the father are considered a conditional oath of divorce (Yamin Talaq Mu'allaq). According to the majority of scholars, a conditional divorce occurs when the condition upon which it is suspended is met. Anger does not prevent the occurrence of divorce unless it is so severe that it leads to loss of consciousness. If she marries you, the divorce will occur, unless her father had an intention or a reason that has ceased to exist. It is not permissible for you to marry her without her guardian's knowledge, and the marriage is not valid except with the guardian's permission. If abuse (Adhal) is proven, it appears that it is not permissible for the girl to cause her father to break his oath, as this would cause harm to the parents by the occurrence of divorce. It is advisable to refrain from marrying her and to seek someone else if there is no path free of harm.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
137752
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy