Back to search
The question

Is a marriage that took place after the husband told his wife, "If you do this, then you are divorced," and the wife did it, then the husband claimed he was only threatening, considered a valid marriage, or is it a forbidden marriage? And what are the implications for the children of this marriage?

Share this answer

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

What your husband uttered is a conditional divorce, contingent upon a specific action, which you have performed. This constitutes a broken oath (tahneeth) on your husband's part. The majority of scholars hold that the divorce takes effect, whether the husband intended divorce or merely intended to threaten.

However, if the husband intended merely to threaten, and acts upon the opinion of those who rule that divorce does not occur in such a case, following that opinion by way of imitation (taqleed) and not out of personal desire, then there is no blame upon him in that. In such a scenario, the marital bond remains valid, cohabitation is permissible, and the children are attributed to both of you.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
186728
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy