Is the wife considered divorced if she leaves without her husband's permission after he swore, "By Allah, if you leave without my permission, you will not stay in the house again"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The statement "If you leave without my permission" is an ambiguous divorce pronouncement (kinayah). Divorce does not occur with it unless there is the intention for divorce. If divorce was intended, then it is a conditional divorce that takes effect upon the wife leaving without permission. This is the view of the majority of scholars. Some scholars hold that a conditional divorce occurs if the intention was to make the divorce conditional. However, if the intention was to urge or prevent, then it is an oath () for which expiation () for an oath is required. It is recommended to consult the courts to resolve such matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/51825
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 51825
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy