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The question

Does divorce take effect if I demand a separate home after my husband made the divorce conditional on not living with his mother? And is divorce better for me considering my husband's abusive behavior?

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

If a husband makes the divorce of his wife contingent upon her not residing with his mother, then if he intended a specific period, his divorce is restricted to that period and does not occur thereafter. However, if he intended her to reside with his mother permanently, then if the wife does not live with his mother, divorce occurs according to the majority of scholars. Some scholars, like Ibn Taymiyyah, hold that if he did not intend divorce but rather emphasis, then divorce does not occur; instead, an expiation for breaking an oath becomes obligatory. If a husband mistreats his wife, he is an oppressor, and she has the right to seek divorce due to harm, but it is advised to first try to reach an understanding or involve two arbiters for reconciliation.

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Where this answer came from
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Ftawy
Original fatwa ID
161421
Imported
Translation status
Source text, unreviewed
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