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Does a divorce take place if a husband says to his wife, with whom he has consummated the marriage: "If you do not come down with me, then you are divorced," and she refuses to come down and he goes down alone, and does she have to observe an 'idda (waiting period), and what are her duties and rights?

1 min readAlso available in العربية

What your husband uttered: "If you do not come down with me, then you are divorced," is a conditional divorce that takes effect upon the fulfillment of the condition, according to the majority of jurists, whether the husband intended divorce or not. If the husband intended for you to come down with him at the same time, or at a specific time that has passed, then the divorce has occurred. However, if he did not intend a specific time, then the divorce does not occur unless it becomes definitively impossible for you to come down with him. In the event of a divorce occurring before consummation, the wife is irrevocably separated from her husband, there is no waiting period (iddah) for her, and she is not permissible for him except with a new contract. A woman before consummation must obey her guardian, not her husband, while emphasizing the importance of avoiding marital problems as much as possible.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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