Is the wife considered divorced if her husband made her divorce contingent upon her giving away any money or selling her gold without his permission, and what is the way to get rid of this contingent divorce?
If you intended to prevent your wife from giving her money to anyone absolutely without your permission, and then she gave her brother money without your permission, then a divorce has occurred, unless she was truly coerced (such as fear of death or severe beating). The permissible coercion has conditions mentioned by Al-Mardawi. However, if you intended only to prevent her from giving gifts and donations, and she gave her brother money to pay off her debt, then no divorce has occurred because the intention specifies the general. It is advisable to present the issue to scholars, and it must be noted that a husband does not have the right to prevent his mature wife from disposing of her own money.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 161363
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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