Is the divorce considered valid if the husband said to his wife's father: "Consider her divorced until we reach an agreement, and hear it from my wife," intending to intimidate and not actually divorce, bearing in mind that the wife had previously asked for a divorce and the husband refused?
Firstly: It is not permissible for a woman to seek divorce from her husband unless there is a valid reason for it, such as the husband's ill-treatment. This is based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for a divorce without any strong reason, the scent of Paradise will be forbidden to her." If the wife requests a divorce, it does not take effect unless the husband pronounces it.
Secondly: The husband's statement: "Consider her divorced until we agree and I hear it from my wife" does not constitute a divorce. It is considered a threat of future divorce or a conditional divorce. If the husband did not intend divorce, and the condition is met, he is obligated to offer an expiation for breaking an oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 10266
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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